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(영문) 대구지방법원 2017.10.31 2017고단5147
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 other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On June 1, 2017, the Defendant loaned a physical card to the extent of one week from a person who was in a name in the name of the Defendant, and the Defendant would offer three million won as the rent for each week.

“The phone called “,” and then accepted it, sent the name in front of the National Bank Account (Account Number: B) under the name of the Defendant on the road in front of the Dong Center 1 Dong, Daegu Suwon-dong, Daegu-gu, Dongsan-dong on the same day, through Kwikseter service article.

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. C’s statement;

1. Account statements and the application of Acts and subordinate statutes on national bank replies;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

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 was used to commit the actual crime of telephone finance fraud; (c) the Defendant’s use was unfavorable; (d) the confession was made; (e) the Defendant did not participate in the telephone finance fraud crime; (e) the Defendant did not obtain the consideration; and (e) the Defendant’s age, sex behavior, environment, motive or circumstance of the crime; and (e) the circumstances after the crime were committed, etc.; and (e) the punishment is determined as indicated in the disposition.

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