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(영문) 대구지방법원 서부지원 2018.11.28 2018고단1746

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

No person shall transfer or take over any access medium or lend or take over such an access medium in return for promising to receive compensation therefor.

Nevertheless, on March 9, 2018, the Defendant promised to receive a loan fee of KRW 3 million per account in front of the Seo-gu Seo-gu, Daegu-gu, the Defendant opened the physical card with Kwikset service article via Kwikset service article, which is linked to the Agricultural Cooperative Account in the name of the Defendant (Account Number: C), Enterprise Bank Account (Account Number: D), and National Bank Account (Account Number: Account Number).

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A certificate of deposit confirmation (16 pages of evidence of No. 2018, No. 13879), the certificate of deposit transfer (13 pages of evidence of No. 2018, No. 20375);

1. Application of a copy of a passbook of a national bank account;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is one of the elements of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making the leased cards, etc. used as other means of crime, and lending three copies of the Cze Card leased by the Defendant, and the fact that the Cze Card was used as the actual fraud.

On the other hand, the defendant confessions the crime of this case, is divided, and there is no benefit from the crime of this case, and the primary crime is the sentencing factor favorable to the defendant.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, and the circumstances after the crime, etc., are considered.