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(영문) 대구지방법원 2018.01.11 2017고단5181
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 is a shopping mall company, which is a company with a large sales, and is leased the account to reduce taxes.

On the front of the defendant's house located in B B B 203 of Daegu Northern-gu, Daegu-gu on the same day, he received the text message "300.30.1, one copy of the Cock Card connected to the Defendant's corporate bank account (Account Number: C) to Kwikset 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. Written statements of D;

1. Application of Acts and subordinate statutes, such as specifications of separate accounts, copies of passbooks of deposits, and pictures of text messages;

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 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 act of telephone finance fraud; (c) the fact that the access medium was committed in the actual act of telephone finance fraud; (d) the fact that it was not involved in the act of telephone finance fraud; (c) the fact that the Defendant did not obtain the consideration; (d) favorable circumstances such as the primary offender; and (e) the Defendant’s age, sexual behavior, environment, motive or circumstance of the crime;

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