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(영문) 대구지방법원 2018.01.11 2017고단6551
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 while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on March 30, 2017, the Defendant paid three million won per account by means of text message from a person who is not in the name of the Defendant on March 16:30, 2017.

“After receiving contact and consenting to it, the Defendant’s office located at No. 108, 1104, B of the same day, sent 3 copies of the physical card linked to the Defendant’s name to the Defendant’s bank account (Account Number C), a new bank account (Account Number: D), and a new bank account (Account Number: E) and lent Kwiksetline access media in electronic financial transactions while promising to notify the Defendant of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the relevant statutes to inquire into remittance confirmation, Kakao Stockholm conversation content photographs, and transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include: (a) the Defendant lent an access medium upon receiving a promise to pay the price; and (b) the access medium was used for the actual crime of telephone financing fraud; (c) the confession is a primary offender; (d) the confession does not take part in the telephone financing fraud crime; and (e) the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime; and (e) all other favorable conditions for sentencing, including the following: (a) the Defendant’s age, sexual behavior, motive or

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