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(영문) 대구지방법원 2018.04.26 2018고단946
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 two years from the date this judgment became 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 receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on November 2017, the defendant is a liquor company, and the head of the Tong is required due to the problem of tax reduction.

The head of the Tong shall pay a loan fee of KRW 80,000 per week on the face of lending for three days.

On the 28th 28th 20th 14:00 of the following month, “Along the Daegu Middle-gu Station,” the Defendant’s name Nong Bank (Account Number D) Tong and the physical card connected to the account were sent to the Non-resident by using the Defendant’s name card.

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. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for financial transaction confirmation;

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. As to the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the head of the Tong and the check card were leased with the promise of the reason for sentencing under Article 62(1) of the Criminal Act, and the liability for the crime is not less severe because the passbook

However, it is so decided as per Disposition by examining the following: (a) the Defendant’s age, sex, environment, criminal record, and circumstances leading to the Defendant’s crime, such as the fact that the Defendant recognized the instant crime, and most of the money transferred to the passbook are not transferred to another place, and the Defendant returned to the victim.

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