(영문) 광주지방법원 2018.03.22 2017고단5759

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.03.22 2017고단5759

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive compensation in the course of using or managing the access medium for electronic financial transactions.

However, on August 2, 2017, the Defendant received a proposal from the person “C” from which his personal information is unknown, and received the proposal, and then sent it to the said “C” through a person who sent the physical card connected to the Defendant’s bank account (Account Number: E) of his name to the Defendant’s house located in Gwangju Mine-gu, and the Defendant sent it to the said “C” on August 3, 2017.

Accordingly, the defendant lent the electronic financial transaction access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the certificate of transfer confirmation, reply to the account of the Korean bank;

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 concerning the selection of punishment, the selection of imprisonment;

1. The instant crime may be abused as a means of another crime, and the Defendant shall be punished by imprisonment with prison labor in consideration of the fact that the instant crime could be abused as a means of another crime, the actual crime of fraud committed by using the access medium leased by the Defendant was committed and the occurrence of the victim was committed.

A suspended sentence shall be imposed in consideration of favorable circumstances, such as the fact that the defendant has no profit acquired from the crime of this case, the defendant has caused economic difficulties to commit the crime of this case, and there is no record of punishment prior to the crime of this case.

In addition, the defendant's age, gender, environment, circumstances after the crime, etc. shall be determined as per the disposition.

참조조문

-형법 제62조 제1항

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