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(영문) 대구지방법원 2018.09.13 2018고단3037
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 using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

On February 6, 2018, the Defendant paid KRW 3,00,000 to one account as a loan fee, when the account is required to obtain tax reduction or exemption from a person who is not the name of the Defendant.

“After receipt of the proposal,” the mother of the Defendant in Yongcheon-si B around 12:40 on the same day, through Kwikset Service Articles, sent a chapter 1, C, linked to the new bank account (Account Number C) held in the name of the Defendant at the home, and sent the password to the nameless person and the password.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of deposit transactions;

1. Application of Acts and subordinate statutes to the contents of conversation related to lending;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that he/she has no record of being punished for the same kind of crime; and (b) other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family

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