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(영문) 대구지방법원 2018.01.16 2017고단6427

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 using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on November 8, 2016, the Defendant would lend the account to a mobile phone from a person who has no name to his/her mobile phone.

“On receipt of a text message, agreed to receive compensation,” and then sent a physical card connected to the Defendant’s name to the account (B) of the National Bank in the name of the Defendant using the phone at the string point in Daegu or lower convenience store and notified the password.

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 against C;

1. Application of Acts and subordinate statutes in a written request for suspension of payment, including the circumstances of the occurrence of a springing accident;

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 concerning the selection of punishment, the selection of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant lent an access medium with the promise to pay the price, and that the access medium was used for the actual crime of telephone financing fraud; (b) the fact that some damage is deemed to have been returned to the victim; (c) the fact that the amount of damage was not involved in the telephone financing fraud; (d) the fact that there was no record of being punished by a fine or more; and (e) the favorable circumstances, such as the Defendant’s age, sex behavior, environment, motive or circumstance of the crime; and (e) all the other conditions of sentencing, including the following circumstances.