beta
(영문) 수원지방법원 안산지원 2018.04.04 2018고단635

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

On August 18, 2017, the Defendant is a liquor company from a person who sent an advertising message to his mobile phone around August 18, 2017.

In order to reduce tax, 200,000 won will be paid if the account is lent for 20 days.

“After receipt of the proposal,” around 15:00 on August 18, 2017, at the 1118 Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, sent a copy of the physical card, which is linked to the name of the defendant, to the credit account (B) in the name of the defendant, and the password was known by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on remittance transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant has a large number of criminal records and the damage caused by the leased access media has not been recovered).