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(영문) 대구지방법원 2017.10.31 2017고단5085
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 using or managing any electronic card, electronic information equivalent thereto, certificate, password, or other access medium, which is used in electronic financial transactions.

On April 17, 2017, the Defendant lent an account to be used in hosting sports soil to his/her name from a person who was in an incompetence to his/her mobile phone from his/her name in the Daegu Nowon-gu Saemaul Treasury on April 17, 2017, to use two million won for three days when he/she lends his/her cell phone text message.

“A” in the vicinity of C in the same day after receiving contact and consenting thereto, sent a physical card connected to the Defendant’s Saemaul Bank Account (Account Number: D) to his name and in the name of the non-person through Kwikset Service, and lent a medium of access to electronic financial transactions, promising to notify the password of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the details of neons conversations, the verification of transfer of Internet banking, the application for deposit transactions, and the specifications of account transactions;

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 reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant provided access media with the promise to pay the price and lent it to the Defendant; (b) the access media was used to commit the actual act of telephone finance fraud; (c) the Defendant’s use was unfavorable; (d) the confession was made; (e) the Defendant did not participate in the act of telephone finance fraud; (e) the Defendant did not obtain the price; and (e) other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime; and (e) all the sentencing conditions, such as

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