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(영문) 대구지방법원 2017.07.18 2017고단3270

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 other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On February 2, 2017, the Defendant sent an account to be used for tax reduction or exemption from his name to his name on February 2, 2017.

In receiving the word “,” the other party consulted, and then, at around 13:30 on the 20th day of the same month, the name in the name in the front of the Daegu Dong-gu B 306, Daegu-gu, 206, one head of the Cze Card connected to the bank account under the name of the Defendant (Account Number: C) was substituted by Kwikset Service Articles.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on trading;

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 suspended sentence under the Criminal Act lends the accessible medium upon receiving a promise to pay the price, and the approach medium reflects the fact that the Defendant actually used for the crime of telephone financing fraud, the first offender, the recognition of the crime of this case and reflects the mistake, the fact that the Defendant did not participate in the crime of telephone financing fraud, the fact that he did not obtain the price, and other favorable circumstances such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc. shall be determined as per the order.