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(영문) 부산지방법원 동부지원 2018.10.24 2018고단1637
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

On May 16, 2018, the Defendant: (a) received a proposal from a person without his name to “be paid KRW 800,000 per day on a day when he borrowed a physical card to be a liquor company; (b) obtained such proposal; (c) sent a physical card connected to the Saemaul Treasury Account (D) in the name of the Defendant, using one unit of the physical card connected to the Saemaul Treasury Account (D) in the name of the Defendant; and (d) notified the account number and password.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. Application of the details of transactions by account and the certificate of deposit confirmation to each account;

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, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To select a sentence of imprisonment in consideration of the fact that he/she promises to receive a considerable amount of compensation for sentencing under Article 62-2 of the Criminal Act and lends his/her physical check card, but to suspend the execution of the sentence due to lack of criminal records of the same kind of crime, and to issue a social service order as ordered by the court;

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