(영문) 대구지방법원 2017.08.24 2017고단3631

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.08.24 2017고단3631

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On March 2017, the Defendant: (a) received the word “pre-paid 300, a month of rent” from a person in the name of the first police officer; (b) contacted the other party, and promised to make a loan to the account to the third million won of a month; and (c) around that time, the Defendant took part in a physical card, linked to the new bank account (Account Number B) in the name of the Defendant, prior to the Daegu Suwon-dong 1037-9 CSVL (CSL).

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, D, E, and F;

1. Application of Acts and subordinate statutes, such as details of each transaction;

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 reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include: (a) the Defendant lent an access medium upon promising the payment of consideration; (b) the access medium has no record of punishment for the actual crime of telephone finance fraud; (c) the commission of the instant crime; (d) the commission of the instant crime; (c) the commission of the commission of the instant crime; (d) the commission of the commission of the instant crime; (d) the commission of the commission of the instant crime; and (e) the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive or background of the crime; and (e) the circumstances after the

참조조문

-형법 제62조 제1항

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