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(영문) 대구지방법원 서부지원 2018.09.05 2018고단522
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on December 28, 2017, if the defendant sent the e-mail card from the front side of Daegu-gun District Court B, the defendant sent the e-mail card to the nameless person who is not entitled to receive the loan by accumulating the transaction performance, and sent the e-mail card to Kwikset Service, which is linked to the e-mail bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on financial transaction replies;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is one of the elements of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making leased cards, etc. used as means of other crimes.

On the other hand, the sentencing factors favorable to the defendant are the confession of the crime of this case, the defendant is divided, and there is no benefit from the crime of this case, and the fact that there is no record of punishment or punishment exceeding the suspension of execution, etc. for the same crime of this case.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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