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(영문) 대구지방법원 2017.08.29 2017고단3818
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 to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, the Defendant: (a) received a proposal from a person in the name of a third party to “be in need of another person’s account to receive game money; (b) received a proposal from a person in the name of a third party; (c) consented to the lending of the account; (d) on March 15, 2017, at the front of the “west Market” located in the Seogu-gu, Daegu-gu, Daegu-gu, the Defendant sent a letter of check card to a person in the name of a third party through Kwikset’s Kwikset’s service to notify him of the password; and (d) lent a medium of access to electronic financial transactions while promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. Details of transfer, application of Acts and subordinate statutes on response to financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence include: (a) the Defendant lent access media upon promising the payment of consideration; (b) the access media has no record of being sentenced to punishment other than a single fine; (c) the recognition of the instant crime; (d) the failure to participate in the instant crime; and (e) the favorable circumstances, such as the Defendant’s age, sex behavior, environment, motive or circumstance of the crime; and (e) the circumstances after the commission of the crime, etc., all of the sentencing conditions, including the following: (a) the Defendant’s age, sex behavior; (b) the motive or circumstance of the crime, etc.

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