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(영문) 대구지방법원 서부지원 2018.08.22 2018고단326

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

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on September 4, 2017, the Defendant borrowed 1,80,000 won per unit in Daegu-gu, Daegu-gu, to receive 800,000 won per unit, instead of lending 30,000 won per unit, and sent 5 copies of 1,000,000 won per unit to the name of the Defendant’s bank account (D), Nong Bank account (E), new bank account (F), 1 bank account (G), and national bank account (H).

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A receipt for payment of damages;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is one of the elements of sentencing unfavorable to the defendant, such as not only impairing the safety and trust of financial transactions, but also making leased cards, etc. used as means of other crimes.

On the other hand, the fact that the defendant led to the crime of this case and is divided, and that there is no benefit from the crime of this case, and that there is no benefit from the crime of this case, it is an element of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.