logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.18 2017고단665
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the defendant, on November 1, 2016, lent a passbook for a day to 4.2 million won per week by lending it from a person in a name-free manner.

On November 2, 2016, at the first floor C of the 1st floor of the Kimhae-si B building, the defendant's name bank account (Account Number: D) and its password were issued to the non-personalized person.

Accordingly, the defendant promised to receive compensation, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction lists by account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The access media of this case, in fact, leased by the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the following circumstances favorable to sentencing), was actually used for licensing crimes.

Considering the purpose of the law in order to prevent financial fraud by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to commit the crime.

However, there is no record of criminal punishment, confessions a crime, and repents a mistake.

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, and environment.

arrow