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(영문) 대구지방법원 2018.01.19 2017고단6471
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 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 August 2017, the Defendant would lend the head of the Tong in relation to the reduction or exemption of liquor tax to the first police officer on the name of the deceased on August 2017, 200 million won.

“On receipt of the text message to the effect that “,” the Defendant sent the name in the name in question to the Kakao Stockholm, consented to this, and then sent the name in the Daegu-gu Hospital located in B where the Defendant was hospitalized on August 2017, 2017, via Kwikset service article, one head of the physical card connected to the name in the name in question with the Nong Bank’s account (Account Number: D) in the name in the name of the Defendant.

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. To reply to an account warrant;

1. Application of the respective Acts and subordinate statutes of E and F;

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 concerning the selection of punishment, the selection of imprisonment;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is highly likely to be committed in a large number of unspecified victims, and to be provided for so-called phishing or online goods purchase fraud, etc. which disrupt financial order, and the Defendant’s lending media is disadvantageous to the fact that it actually used for the crime.

The fact that there is no criminal punishment for the defendant, the defendant seems to have no profit acquired by the crime of this case, and the fact that the defendant is against the defendant is a favorable condition.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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