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(영문) 대구지방법원 2018.04.17 2018고단961
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 November 20, 2017, the defendant is an operator of the same site as a sports soil, and the head of a Tong is necessary to deal with tax issues.

The loan of the head of the Tong shall be KRW 500,000.

On the 22th of the following month after receiving text messages stating “,” and promising to receive the consideration, it was sent to a person under whose name the name was in the way of being assigned two pages of the Saemaul Treasury Account (Account Number B) and the Enterprise Bank Account (Account Number: C) connected to the name of the defendant to a restaurant where the address of the Gwangju City et al. is unknown.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (a copy of passbook of a corporate bank);

1. Application of Acts and subordinate statutes on verification certificates and the materials of Saemaeul credit cooperatives response;

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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the access media that the defendant lent is actually used for fraud crime, and that the check card that the defendant lent is two is disadvantageous to the defendant.

On the other hand, the defendant commits the crime of this case against the wrongness.

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