(영문) 춘천지방법원 2018.08.23 2017고단1280

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.08.23 2017고단1280

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, the Defendant, who was unable to know the name of the Defendant, agreed with the proposal that “I will give KRW 2 million to the company if I lend the company’s check related to tax saving to one month.”

Accordingly, on February 2, 2017, the Defendant provided Kwikset with the physical card of corporate bank (C) in the name of the Defendant in front of Gangnam-gu, Gangnam-gu, Seoul, 396 as Gangnam-gu, with Kwikset service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of details of transactions by account, receipt copies, and Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is as follows: (a) a crime that distributes the access media, as in the instant case, is highly malicious in society in that the distributed access media is used as the means of the so-called singinging crime or the means of delivering illegal Internet gambling funds; (b) an account connected to the access media leased by the Defendant was used for the singing crime; and (c) the Defendant was aware that the access media leased by the Defendant would be used for illegal acts, such as tax evasion; and (d) the Defendant had the criminal records of being punished four times as fines since 2016, which were disadvantageous to the Defendant.

However, it shows that there is no record of the same crime, and that there is no intention to repeat the crime through the life of 50 days of detention.

참조조문

-형법 제62조 제1항

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