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(영문) 대구지방법원 2017.06.21 2017고단2086

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

No one shall lend any access medium with the payment of any price in return for using and managing the access medium.

Nevertheless, on January 29, 2016, the Defendant lent the passbook, e-mail card, and passwords to the name in front of the Gyeongsan Station, located in the center of the Sinsan City, which is located in 1, the center of the Sinsan City, to the name-free person in connection with the Defendant’s name bank account (B), and received 2.2 million won in return.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on account details of the recipient;

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 fact that there is no record of criminal punishment against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, and the fact that the defendant is against the will of the defendant is favorable.

The Defendant’s crime of this case leads to a large number of unspecified victims, and is highly likely to be provided to the so-called Bosing or Internet gambling, etc., which has a high social reputation that disturbs the financial order, and thus, requires strictness. The Defendant received money in return for the lending of the passbook, etc., and actually used for the crime is disadvantageous.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.