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(영문) 대구지방법원 2017.02.09 2016고단2797
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That 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 borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

On February 2, 2015, the defendant will pay 150,000 won to a person who is not named in the name of the defendant.

“Around 11:00 on February 5, 2015, accepted the Kakakao Stockholm message, and received KRW 150,000 per month from the D Hospital located in Gyeongbuk-do, Chungcheongnam-do, and sent the passbook of the Daegu Bank Account under the name of the Defendant and one cash card connected to the said account and one password to the above account, using Kwikset’s service.

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

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 report internal investigation (the result of execution of a warrant of search and seizure);

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing favorable to him/her - Contrary circumstances: (a) transfer of an access medium or arranging the transfer of such medium to a disadvantage on society, such as undermining the reliability of the performance of financial transactions, as well as impairing the credibility of the safety and reliability of financial transactions; and (b) three times the adverse effect on society, including the suspension of the execution of sentence, on the part of multiple victims who are used for crimes such as telephone, finance, fraud, etc. - Other various sentencing conditions specified in the records of the instant case, such as the Defendant’s age, sex, health, home environment

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