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(영문) 대구지방법원 2018.05.18 2018고단1276
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 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 November 2017, 2017, the Defendant sent a physical card connected to the bank account (B) in the name of the Defendant at the convenience store located in Daegu-dong-gu, Daegu-gu, with a cell phone from the name-free person to the mobile phone, and consented to the contact, and then lent a accessible medium in the electronic financial transaction to the Defendant’s name-free person and promising to notify the password of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to confirm transfer transactions, provide financial transaction information, and details of transactions;

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 sentence of the suspended sentence under Article 62(1) of the Criminal Act, even though the defendant had a record of being punished for a fine for the same kind of crime, committed the instant crime, and the defendant selected imprisonment in that the access media that the defendant lent to commit the crime of telephone loan fraud was used, but the defendant is divided into his errors and has no record of being punished heavier than the fine, etc., the sentence of the suspended sentence shall be imposed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.

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