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(영문) 대구지방법원 2018.06.21 2018고단947
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

Except as otherwise expressly provided for in any other Act, no one shall 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 used in electronic financial transactions.

Nevertheless, on January 17, 2018, the Defendant made it possible for the Defendant to use only one month because of tax issues related to the sale of alcoholic beverages from a person without his/her name to his/her mobile phone. If it is confirmed that the account is usable, 300,000 won will be given, and 300,000 won will be deposited into the account with the card if it is sent.

“On the 19th day of the following month, the letter message sent to the Defendant’s Daegu Bank Account (Account Number E) and promised to receive the price, and then sent the e-mail card connected to the Defendant’s Daegu Bank Account (Account Number E) on the D real estate located in Seogu-gu, Daegu.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the certificate of transfer transaction or the copy of warrant;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the access media that the defendant lent is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant's mistake and reflects, and the fact that the defendant seems to have failed to obtain particular benefits from the crime of this case, the leased cream card is one, and the defendant is identical to the defendant.

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