logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
전주지방법원 2018.08.16 2018고단1095
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

Nevertheless, on December 11, 2017, the Defendant accepted the proposal, “Around December 11, 2017, the Defendant: (a) obtained a proposal, “The details of the transactions from entering and leaving a bank in order to increase credit rating as loans are difficult due to low credit rating; (b) sent a physical card to a door-to-door.”

At around 13:43 on the same day, the Defendant, while knowing that it would be used in raising loans by deceiving financial institutions, etc. by means of manipulating the transaction performance as above, was sent one copy of the physical card connected to the bank account in the name of the Defendant and notified the password by telephone.

Accordingly, the defendant was aware that he will be used in the crime and lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements with respect to D;

1. Application of each Act and subordinate statutes on financial transaction information, such as data about payment of damages;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) is that the defendant recognized the facts charged in this case and expressed his intention to reflect on the mistake, and that there is no punishment for the same crime (limited to the one-time fine punishment for traffic crimes in 2006).

However, “Access media”, such as physical cards, is various, such as Bosing fraud.