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(영문) 전주지방법원 2018.01.08 2017고단1478
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On March 10, 2017, the Defendant is required to reduce or exempt taxes from the person in secret in his name at a high-speed bus terminal located in Geumjin-gu, Geumjin-gu, Seoul on March 10, 2017.

To send a eck card, 500,000 won shall be placed per week.

“Hearing the word “,” and lending two cash cards, each of which is linked to two financial accounts in one’s name (Korean bank C, National Bank D) to an access medium, one of which is an access medium, sent to a person who is not his name, by means of a high-speed bus hand-based bus freight, to lend the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to a written reply to a warrant of search and seizure;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. In light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution and the reasons for the Defendant’s lending of access media and its consideration, the Defendant should be punished by imprisonment even if considering certain favorable circumstances, such as: (a) the circumstance that access media would have been used for any abnormal purpose; and (b) the fact that the access media leased by the Defendant was used for the crime of fraud and resulted in secondary injury; and (c) the Defendant recognized his mistake and reflects it; and (d) the fact that there was no previous conviction beyond the same kind and fine, etc., the Defendant should be punished by imprisonment.

Determinations shall be made.

However, considering the above-mentioned favorable sentencing conditions and all the sentencing conditions, such as the defendant's age, sex, environment, etc., the term of punishment shall be set and the execution thereof shall be suspended as ordered.

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