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(영문) 대구지방법원 2017.09.20 2017고단518

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

On July 26, 2016, the Defendant: (a) posted a letter on Paint that “money is given to enable the use of an account”; (b) around July 28, 2016, the Defendant received KRW 200,000 from the person in the name of the Defendant’s Daegu Bank account (B) through Kwikset’s Kwikset’s service.

Accordingly, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes verifying details of deposit transactions;

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 Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions. The Defendant’s lending card is used for actual fraud, and the Defendant’s lending card is used for the above crime of fraud, and the Defendant’s money deposited in the passbook leased by the Defendant was collected from approximately two million won to use the money of the said defrauded, or paid telephone fees. In light of the fact that the Defendant paid the phone fee, the Defendant

However, the defendant reflects the wrong and has no record of punishment, considering the circumstances favorable to the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.