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(영문) 대구지방법원 2017.07.11 2017고단3117

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 any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in electronic financial transactions, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, at around 17:00 on March 19, 2017, the Defendant was urged to lend the head of the Tong by telephone from a person without his name to a third million won on the front side of the “ Home Pungdong” located in the Daegu Suwon-gu Pungdong for one month, and consented to the lending of the head of the Tong by the phone, and then sent the head of the Tong to the person with no name and promised to notify the password through Kwikset's service of the personal bank account in the name of the Defendant, and lent a accessible medium in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on identification and copies of bankbooks;

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 access media upon receiving a promise to pay the price to the Defendant. The access media has no record of being punished by a fine or more, which reflects the fact that the Defendant recognized the instant crime, which did not participate in the telephone finance fraud crime, and did not obtain the price, and all the other favorable conditions for sentencing, including the Defendant’s age, sex behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc., shall be determined as indicated in the Disposition.