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(영문) 대구지방법원 2017.06.15 2017고단2259

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 any access medium with the receipt, request or promise of compensation.

Nevertheless, the defendant around 12:30 on February 15, 2017 and around 12:30 on the street in front of the Central Forest Association in Yangyang-si, Yangsan-si, "B" is a liquor company, and if the card not used is lent only one month, employment will also be offered and eight million won will be offered.

“On receipt of the proposal,” sent the physical card connected to the Defendant’s Saemaul Bank’s account under the name of the Defendant’s father C, to Kwikset service volume, and notified the password in telephone.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning the details of financial transaction information of Saemaul Treasury;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lends access media by promising the defendant to receive compensation. The access media is unfavorable to the fact that it was actually used for the actual telephone financial fraud crime, but it reflects the fact that it was recognized of the crime of this case, the fact that it was not involved in the telephone financial fraud crime of this case, and the fact that it was not acquired the compensation, and other favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and all other conditions of sentencing as ordered.