logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.10.11 2018고단3401
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 one shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium.

Nevertheless, on May 3, 2018, the Defendant, upon receiving a proposal from a person who was in a name name, sent a physical card to the effect that he/she would lend 700,000 won per day to a person who is an employee of a liquor company for the purpose of tax reduction and exemption, with a maximum of 7,10,000 won per day of the physical card, and then sent a copy of the physical card connected to the bank account under the name of the Defendant (Account Number: E) and one copy of the physical card connected to the bank account under the name of the Defendant (Account Number:F) around May 11, 2018.

As a result, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Details of transactions of respective deposits in and withdrawal from the Defendant’s New Cooperatives and Agricultural Cooperatives accounts;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of letters);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The punishment as ordered shall be determined by taking into consideration the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, etc., and the fact that the defendant committed the crime of this case without being aware of during the period of suspension of execution: A confession and reflects the fact that he committed the crime of this case without being able to do so, the defendant has no criminal records,

arrow