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(영문) 대구지방법원 2018.05.31 2018고단1512
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 December 2017, the Defendant consented to the communication that “The Defendant would pay KRW 2,100,000,000 to the Defendant using the e-mail card three times per one if he/she lends the e-mail card for the reduction of or exemption from taxes from taxes from his/her name,” and then, in the same month.

5. Around 15:00, at the Dongcheon-dong-dong 876-2, Dongcheon-dong-dong 876-2, the office sent passbook and physical card connected to the Defendant’s parent C’s new cooperative account (D) to the name in the door-to-door store and lent a accessible medium in electronic financial transactions with the Defendant’s intention to notify the password of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Certificates of deposit transactions;

1. Application of Acts and subordinate statutes governing family relations certificates;

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 sentence like the order shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that he/she has no record of being punished for the same kind of crime; and (b) other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family

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