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(영문) 대전지방법원 2018.04.04 2017고단4133
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 a e-mail card which is an access medium to electronic finance while receiving, demanding or promising the consideration.

Nevertheless, on June 2017, the Defendant listened to the phrase “on the face of lending e-mail card to Red be paid KRW 5 million in return for the lending of e-mail card to Red be be paid.” On the 24th day of the same month, the Defendant left red bees, leaving the country to red bees, and informed the nameless person of the card, e-mail card, OTP card connected to the Agricultural Cooperative (C) account in the name of the Defendant in the name of Hong bean, and informed the password.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. As a result of a search and seizure warrant reply, personal entry and departure status, and DNA dialogue data;

1. Application of each investigation report (related to the withdrawal of damage caused by the use of the physical card in the name of the suspected suspect A, and the AKakao Stockholm relation) statute

1. Relevant criminal facts, Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Voluntary Electronic Financial Transactions, and Selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (including the following favorable circumstances): A person who has been punished by a fine for the same kind of offense in 2014;

(k) favorable circumstances: The fact that there is only two minor fines due to a crime other than the above previous convictions, that there is a second grade intellectual disability to the defendant, that support the father who is hospitalized by brain color, etc., that there is no profit actually acquired by the defendant, and that it reflects the mistake.

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