beta
(영문) 의정부지방법원 2017.07.06 2017고단1798

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

No person shall lend a e-mail card, etc. which is an access medium of electronic finance while receiving, demanding or promising any consideration.

Nevertheless, on November 20, 2016, the Defendant is a company that is called “(ju) liquor liquor company” from a person who is influence of his/her name.

On November 23, 2016, at around 16:30, 2016, two physical cards connected to the Defendant’s name bank account (D) and corporate bank account (E) were issued via Kwikset Service Articles, and agreed to receive 10% of the deposit amount in return.

As a result, the Defendant promised to pay for, lent 2 copies of the check card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes concerning business registration certificates, business insurance certificates, and corporate insurance certificates for interesting alcoholic beverages;

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. Although the sentencing of Article 62(1) of the Act on the Suspension of Execution reflects the wrongness of the accused, considering the following: (a) the fact that the Defendant’s physical card was transferred or transferred to two or more places; (b) the occurrence of the actual scaming crime by using the connected account; and (c) the Defendant had the record of having committed a crime committed by the same kind of crime and leading to ten times