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(영문) 대구지방법원 2017.11.28 2017고단5151

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 demanding, demanding or promising the consideration in electronic financial transactions, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on April 26, 2017, if the Defendant sent a Kakao Stockholm card to his name-free person in the French-si (U.S.) message from his name-free person, the Defendant received contact from 30 to 400,000 won in one month and consented thereto, and then sent the Kaka Card connected to the Defendant’s name-free Bank account (Account Number B) through Kwikset Service to the name-free person and promised to pay the password, and lent a accessible medium in electronic financial transactions.

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 to detailed statements of deposit transactions and data received;

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 reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include: (a) the Defendant lent an access medium upon promising the payment of consideration; (b) the access medium was used to commit the actual act of telephone finance fraud; (c) the fact that the access medium was committed in the actual act of telephone finance fraud; (d) the fact that it was not involved in the act of telephone finance fraud; (c) the fact that the Defendant did not obtain the consideration; (d) favorable circumstances such as the primary offender; and (e) the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime;