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(영문) 대구지방법원 2017.10.12 2017고단4171
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

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 electronic financial transactions, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on April 2017, if the Defendant sent a cash card with a written message from a person without his/her name, he/she was contacted with KRW 700,000 per day, and consented thereto, and on April 25, 2017, the Defendant’s bill of indictment was omitted in the Defendant’s name-based bank account in Daegu Suwon-gu B, Daegu-gu, 2017. However, in light of the contents that the Defendant’s name-based bank account was omitted, the Defendant appears to be erroneous in light of the content that the Defendant’s statement that “three copies of the cash card” as written indictment was replaced.

(Account Number D), a national bank account (Account Number: E), or a company bank account (Account Number:F) send three copies of the cash card connected to the bank account, and notify the name partner of the password and lend a medium of access to the electronic financial transaction with the commitment of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Daegu Bank Response Data and the Acts and subordinate statutes governing the specifications of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s act of lending an access medium, such as the Defendant’s main crime for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, is in need of strict punishment for a crime that impedes the general public’s reputation in the name of financial transaction and makes it possible to commit the so-called “singing,” etc. However, there are various reasons for sentencing as shown in the instant pleadings, such as favorable circumstances where the Defendant is a primary offender and is late, and the Defendant’s age, sexual behavior, family and support relationship, motive for the instant crime, circumstances after the instant crime, etc.

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