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(영문) 광주지방법원 순천지원 2019.08.09 2019고단1223

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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

No one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, the Defendant, upon receiving a proposal from a person who has no name, received and consented to the proposal, issued 50,000 won per page of the card to the person who has no name, and then delivered to the above person who has no name, a check card connected to the D bank account (E) in the name of the Defendant in F bank account in the name of the Defendant and one check connected to the F Bank account (G) in the name of the Defendant on January 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written petition;

1. Application of Acts and subordinate statutes on remittance confirmation;

1. Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, based on the following factors: (a) the means of access leased by the defendant for the reasons for sentencing under Article 62(1) of the Criminal Act, which is unfavorable to the defendant, such as the use in committing the Bosing Fraud; (b) favorable circumstances, such as the defendant’s abuse of error; and (c) the criminal records, age, family environment;