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(영문) 대구지방법원 2018.04.04 2018고단303
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

On November 15, 2017, the Defendant would pay KRW 3 million on the face of one lending year from a person who has no name to the name of the Defendant.

“On the receipt of the word “,” and the statement was sent to the name Buddhistist through Kwikset Service Officer, who was connected with the Defendant’s Saemaul Bank Account (Account Number: C) in the Defendant’s house charging station located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Gyeongcheon-si, around the 18th day of the same month, sent the name Buddhistist through Kwikset Service Officer.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The application of Acts and subordinate statutes of subparagraph (D), details of transactions (D), response to an account book;

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 concerning the selection of punishment, the selection of imprisonment;

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is likely to be committed in large number of unspecified victims, and to be provided for so-called phishing, etc., which is highly likely to disrupt the financial order, and the Defendant’s lending media is an unfavorable circumstance that actually used for the crime.

It is more favorable that there is no criminal history for the defendant, and there is no criminal history other than twice before and after a minor fine, and that there is no profits acquired by the defendant from the crime of this case, and that the defendant is against the defendant.

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.

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