beta
(영문) 전주지방법원 2016.01.21 2015고단1000

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On May 2, 2015, the Defendant: (a) from a person under an infinite name at a non-disfinite place on May 22, 2015, the Defendant leased a passbook with respect to the Internet soil; and (b) KRW 1.5 million per head of a Tong shall be paid

Whether there is any intention or not.

“On May 23, 2015, at around 11:30 on May 23, 2015, at a high bus terminal located in Geumcheon-gu, Geumdong-gu, Geumdong-dong, the Defendant, opened in the name of the Defendant by means of the cargo of the express bus in Daejeon-dong, which was designated by the influence of the name, promised to receive the payment by delivering the passbook (Account Number B) and the check card (Account Number: C) of the Saemaul Treasury and the National Bank (Account Number:C).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a written application for establishment and trading statement;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (In consideration of the fact that the accused who has no record of committing the crime repents his mistake);