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(영문) 대구지방법원 2018.03.30 2017고단6843
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

On September 2017, the Defendant: (a) borrowed a card from a person without his/her name; (b) returned the card only three to four days; and (c) paid KRW 3 million in return.

“On the receipt of the word “,” and then, from the Defendant’s office located in Jung-gu, Daegu-gu around September 2017, one copy of the physical card linked to the Defendant’s Saemaul Bank Account (Account Number: C) under the name of the Defendant was sent to the Nonindicted Party through Kwikset Service Officer.

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. Statement made by the police against D;

1. Application of the reply statutes to a petition and a written inquiry about transaction details, and a search and inspection warrant;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following: (a) the account of the access media that the defendant lent was used for the singing crime; (b) the defendant reflects the defendant; (c) the defendant has no same criminal record and has been sentenced to a fine since 2001; and (d) the defendant's age, sexual behavior, environment, motive for the crime, and circumstances after the crime; and (c) the sentence is determined as per the disposition,

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