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(영문) 대구지방법원 2018.04.27 2018고단767

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to four years of imprisonment for robbery, etc. by the Daegu District Court, and completed the execution of the sentence in the racing prison on June 28, 2017.

On September 18, 2017, the Defendant consented to the call from a person whose name is unknown to “to offer KRW 1 million on a face-to-face loaning the e-mail card” by text messages, and then sent the e-mail card connected to the Defendant’s bank account (Account Number: C) on the front day of Daegu-gu, Daegu-gu, 14:00 on the same day through Kwikset and notified the password.

As a result, the Defendant promised to pay for, lent the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Presentation of data on financial transaction information;

1. Data received text messages;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

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 sentence of imprisonment is to be imposed in consideration of the fact that the access media that the Defendant lent for the reason of sentencing Article 35 of the Criminal Act is actually used for telephone financing fraud and that it is a crime during the period of repeated crime.

It was considered that there was no record of the same crime, the account of the defendant was suspended from payment, and the considerable part of the amount of the fraud was restored, due to favorable circumstances to determine the term of punishment.

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