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(영문) 대구지방법원 서부지원 2019.08.21 2018고단518
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on December 6, 2017, if the Defendant sent a e-mail card from the front side of the Gancheon-gun B in Chungcheongnamcheon-gun, the Defendant sent the e-mail card to the name-free person who wants to get the loan by accumulating the transaction performance, and lent it to Kwikset service.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Applying the details of E text messages and the Acts and subordinate statutes governing financial transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The crime of this case shall be determined as ordered in full view of all other circumstances, including the following facts: The crime of this case shall be determined as follows: the crime of this case shall not only harm the safety and trust of financial transactions, but also be abused as a means of other crimes; the lent card, etc. shall be used for actual fraud; the crime of this case shall be investigated as a crime; the crime of this case has been subject to a disposition not suspected of being suspected of being suspected of being committed; the crime of this case has the record of being punished as a crime of fraud; the crime of this case has been led to confession at the investigation stage; the defendant's age, character and behavior, environment, motive and background, means and consequence of the crime; and the fact that there is only the history of punishment once of fines;

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