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(영문) 대구지방법원 2017.05.25 2017고단499
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

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, around September 23, 2016, the defendant should accumulate the records of the head of the Tong in order to grant a loan from a person who is not his/her name, in front of the parent's residence in Jung-gu Seoul Metropolitan Government.

When sending the check card, 500,000 won will be loaned after inserting the transaction performance record.

“A” hearing horses, and sending a physical card connected to a corporate bank account (number C:) under the name of the Defendant to Kwikset’s service.

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes for verification of transfer results;

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 reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.

In light of the fact that the crime of this case was committed at a disadvantage: (a) as well as impairing the safety and trust of financial transactions, the leased access media can be abused as a means of another crime; and (b) the Defendant’s leased access media has been used for the actual crime of fraud, etc., the Defendant should be strictly punished.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

The defendant is subject to criminal punishment.

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