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(영문) 대구지방법원 2018.08.17 2018고단2660
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

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

On January 23, 2018, the Defendant received a proposal that he/she will offer a physical card in total of KRW 2,100,000,000 per day on the face of a week for three days from a person without his/her name to the address designated by the said person. On March 28, 2018, the Defendant sent a physical card connected to the Agricultural Cooperative (D) account in the C office located in the G office located in the G office in the G office in the G office in the G office in the Gyeongbuk-gu, Chungcheongnam-gun-gun, Chungcheongnam-gun on March 28, 2018.

The approach media was lent.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on 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 Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is committed in the following circumstances: (a) the Defendant’s crime of this case is committed in a large number of unspecified victims; and (b) the so-called “scaming or online goods purchase fraud, etc., which is highly detrimental to society that disturbs financial order; and (c) the Defendant’s access media that was leased

The fact that there is no criminal punishment for the defendant, the defendant seems to have no profit acquired by the crime of this case, and the fact that the defendant is against the defendant is a favorable condition.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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