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(영문) 대구지방법원 2019.06.11 2019고단1813
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 30, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention House on December 12, 2018.

【No person in the use and management of a means of access】 Unless otherwise specifically provided for in any other Act, he/she shall engage in any act of lending a means of access in receiving, demanding or promising to receive any compensation.

Nevertheless, on February 14, 2019, the Defendant received a proposal from a person who has no name, and accepted it to the effect that he would pay 5% of the transaction amount if he borrowed a e-mail card from a person who has lent the e-mail card to enter the Internet gambling site. Around that time, the Defendant issued a letter of e-mail card connected to the D Association (E) account in the name of the Defendant and one e-mail card connected to the e-mail account in the name of the Defendant to the person who sent the e-mail from the e-mail office located in Daegu Suwon-gu.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A certificate of details by member trading account and a list of transactions by account;

1. A criminal report (Submission of content dialogueed with Canadian);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 35 of the Criminal Act among repeated offenders is based on the following circumstances: (a) the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime; and (c) the conditions of various sentencing as shown in the argument of the instant case.

The defendant is a repeated offender, even though he is under the period of repeated crime.

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