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(영문) 대구지방법원 2018.02.08 2017고단6475
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 to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on April 1, 2016, the Defendant borrowed an account for illegal sports discussions in the Philippines from a person without his/her name on April 1, 2016 to KRW 2.5 million per month.

“After receiving contact and consenting to it on the same day, “” sent a passbook and physical card connected to the account of the Defendant’s name name (Account Number B) to Kwikset through Kwikset’s service and lent a medium of access to electronic financial transactions while promising to notify the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement in C, D, E, F, G, and H;

1. Application of Acts and subordinate statutes to each Kakao Stockholm conversation, receipt (transfer details), account transfer details, text transfer details, and application of a written confirmation of transfer results;

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 concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the fact that the access media that the defendant lent is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant reflects the wrong, seems to have not obtained any particular benefit from the crime of this case, the leased cream card is only one, the defendant has no criminal record for the same kind of crime, and the age and age of the defendant.

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