beta
(영문) 대전지방법원 천안지원 2018.11.19 2018고단1553

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 lend any access medium to financial institutions while demanding, demanding or promising the consideration.

Nevertheless, from May 10, 2018 to May 16, 2018, the Defendant proposed to the effect that “the head of the company B’s division” was named as “B’s director” and “the head of the company B shall use the check card only 30 days if he/she lent it for the purpose of receiving liquor payments, and the head of the company shall pay 4 million won per account,” and the Defendant sent one check connected to the post office account (D) in the name of the Defendant through the Kwikset operated on May 16, 2018, via Kwikset Building’s second floor in the Asan-dong-dong, where he/she sent the non-member of the above name, to the above non-member.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E written statements;

1. Application of Acts and subordinate statutes to inquiries about financial transaction details;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, again lent the access media despite the fact that the Defendant was subject to the suspension of indictment due to the same type of crime in 2011.

The access media leased by the defendant was used for fraud crime, resulting in the victim.

However, there is no criminal history exceeding the fine, for the defendant's mistake, and there is no criminal history.

The sentence shall be determined as ordered in consideration of the aforementioned circumstances, the defendant's age, sex, family relation, and various factors of sentencing as shown in the argument of this case.