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(영문) 대구지방법원 서부지원 2018.03.13 2017고단1462
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on March 2017, the Defendant borrowed a cream card from his house located in Daegu-gun-gun B 202, which was 70,000 won per day, and sent a cream card connected to the accounts of the Saemaul Treasury (C) in his name to an unsured person.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement, statement, or account transfer statement;

1. Application of Acts and subordinate statutes on financial response data;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime that facilitates the fraud of the so-called "Ssing," which is becoming a social issue. It is not good that the crime is committed in that the illegal means of access by the defendant actually used the above fraud crime and actually generated the victim. In addition, the defendant was sentenced to a suspended sentence of one year for special injury at the Daegu District Court on April 19, 2016 and sentenced to a suspended sentence of three years for one year for a special injury. On October 28, 2016, the judgment becomes final and conclusive. In that sense, it is necessary to punish the defendant strictly in that the crime of this case was committed during the suspended sentence.

However, when a judgment becomes final and conclusive after the Defendant was sentenced to imprisonment with prison labor due to the instant crime, the said judgment becomes null and void and the sentence of imprisonment with prison labor for one year shall be served together. In light of the fact that the Defendant has no record of punishment for the same crime, and that the Defendant is against the law by breaking his mistake, etc.

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