beta
(영문) 수원지방법원 안산지원 2017.09.19 2017고단1763

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium in return for promising to receive any consideration in using and managing access medium for electronic financial transactions.

Nevertheless, on November 13, 2016, the Defendant included the word of the period for seeking the borrowed account from the person who has no name in the name of the Defendant from the person in the name of the deceased on his or her own, in the present low-income company, and may be early closed as the leased quantity is limited.

In principle, advance payment is made, and three million won per one is paid.

To each month, D.C., and to be able to do so for a maximum of two months.

I, as the head of each individual borrowed-name lease passbook, shall withdraw.

The leased share account shall be used as the site member's holding deposit account.

Upon receipt of the proposal “,” and accepted it on November 15, 2016, at the D convenience store located in Ansan-si, the nameless Kwikset service articles, and sent cash cards and passwords connected to the account of the Suhyup Bank (Account Number E) of the Defendant’s name to the above-mentioned person via the above-mentioned nameless Kwikset service articles.

Accordingly, the defendant promised to receive the price and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details of transfer;

1. Application of Acts and subordinate statutes to a transaction application and a detailed statement;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has seven times the criminal defendant was sentenced to a fine, and one of them is the same criminal records.

The defendant does not appear several times in the trial of this case and eventually executed a detention warrant.

However, in consideration of the fact that the defendant appears to reflect, the fact that there is no record of punishment exceeding the fine, etc., it shall be taken.