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(영문) 수원지방법원 안양지원 2018.11.15 2018고단1492

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on January 2018, the defendant could make a loan at a low interest rate from a person who misrepresented himself/herself as a member of a non-loan company.

However, because of the low credit rating, it is possible to lend a loan when the transaction details are required in order to increase credit rating.

Sending a teck card to increase credit rating by making the details of the transaction;

B. On January 22, 2018 through 17:00 on January 23, 2018, Kwikset service articles sent by the above Buddhist winners, one check card connected to the Defendant’s bank account (D) of the name of the Defendant, and notified the above Buddhist winners of the password card’s password number using mobile phones.

As a result, the defendant was promised to obtain credit rating through false deposit and borrowed access media for electronic financial transactions to the name in return for the intangible expectation profit that can receive a future loan through the false deposit and withdrawal transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to deposit money;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution was subject to the suspension of indictment as a violation of the Electronic Financial Transactions Act, the Defendant again committed the instant crime, and the Defendant’s access media provided for the instant crime is ultimately used in the instant crime, the Defendant’s liability for the instant crime is not less exceptionally given account of the circumstances, etc. used in the instant crime.

However, it is against the defendant's wrong, and the defendant has no record of criminal punishment, and all kinds of sentencing conditions, such as the age and environment of the defendant.