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(영문) 대구지방법원 2017.10.24 2017고단4932
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.

Nevertheless, on December 27, 2016, the Defendant received a text message that he/she would offer three million won per account when he/she lends his/her account, and promised to communicate by telephone and receive compensation. On January 2, 2017, the Defendant sent Kwikset’s personal card linked to the Defendant’s name bank account (C) to the Defendant’s name in front of the Defendant’s residence, around January 2, 2017.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing deposit verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions, the selection of punishment for an offense, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lends the accessible media upon receiving a promise to pay the price, and the approach media is an unfavorable condition, the primary offender, the recognition of the crime of this case and reflects the mistake, the fact that the Defendant did not participate in the telephone finance fraud of this case, and the fact that he did not obtain the price, and other favorable conditions for sentencing, such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the order.

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