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(영문) 대구지방법원 서부지원 2018.08.22 2018고단373

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 one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on October 24, 2017, the Defendant sent a e-mail card to the nameless party who would have the e-mail card from the post office front of the Seowon-gun, Daegu-gu, to secure the transaction performance, and then sent the passbook and one e-mail card connected to the national bank account (B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on transaction statements;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element 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 a means of other crimes, and the fact that the cream card, etc. leased by the defendant was used for actual fraud, and that the defendant was punished by suspended execution, etc.

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 record of punishment for the same crime, etc. are factors for 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.