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(영문) 대구지방법원 2017.05.18 2017고단1693

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 person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on November 2016, at a place where it is impossible to identify a place where a police officer cannot be identified, the Defendant made a passbook and card from a person without his/her name by telephone, and received an offer of KRW 1.5 million per week from a bank account. On November 201, 2016, the Defendant dried the physical card connected to the bank account (D) from a person without his/her name at a trade convenience store located in Daegu, Daegu, using the bank account (D).

Accordingly, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. 계좌별 거래 명세표, 우리은행 D 계좌정보 � 거래 내역 법령의 적용

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 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 disadvantageous to the fact that it was actually used for the actual telephone financial fraud crime, but there is no history of punishment other than a fine once. The recognition of the crime of this case reflects the fact that it was not involved in the telephone financial fraud crime, and other favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and circumstances after the crime, etc., and all the conditions of the punishment as set forth in the order.