beta
(영문) 청주지방법원 2017.12.21 2017고단1973

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on June 16, 2017, at around 16:00, the Defendant promised to receive KRW 3 million per month from a person who was in a name in front of the voice group B, and sent the name in the name in the name in the name of the Defendant to a home-based engineer who sent the name in the name in the name in the name in the name of the Defendant. On June 16, 2017, the Defendant reported the password of the above physical card to the name in the name in the phone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of deposit transactions, details of transactions by period of receipt, and details of transactions by customer / Application of Acts and subordinate statutes of the specifications of deposit transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The act of lending the access medium for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution is to make it possible to commit such crimes as Bosing, etc. and to make it difficult to recover damage therefrom. The health of the defendant is not good. The defendant committed a contingency to raise living expenses and hospital expenses;

Ga. The defendant did not receive any payment as agreed.

On the other hand, the sentencing conditions of Article 51 of the Criminal Code are considered as follows.