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(영문) 대구지방법원 2018.10.18 2018고단3347
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 borrow or lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium.

Nevertheless, on September 7, 2017, the Defendant would use and return the Kakao Stockholm as the Kakao Stockholm from a person who was in the name of the Defendant on September 7, 2017.

It shall be KRW 700,000 per account per day.

After receiving the proposal to the effect that “C”, at around 12:00 on the same day, sent one copy of the physical card connected to the name in front of the “C” in Daegu Dong-gu, Daegu-gu, to another account (Account Number: D) under the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing securities accounts under the title A;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant lent the access medium, and the approach medium is not somewhat liable in that it is used to commit fraud.

However, in light of the following, the defendant's age, sex, environment, and circumstances leading to the crime shall be determined by considering the fact that the defendant recognized the crime of this case and has never been punished until now.

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