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(영문) 대전지방법원 2017.08.08 2017고단1602
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, upon receiving any consideration therefor, requesting or promising to do so.

On January 11, 2017, the Defendant: (a) received a proposal from a person without his/her name to “to lend an account to be used for distribution of sales in operating shopping mall, and to pay the price of three million won.” (b) On January 17, 2017, the Defendant lent the cash card connected to the Defendant’s Saemaul Savings Depository (D) through Kwikset Service Articles in Daejeon-gu B and C, Daejeon-gu, and C, Daejeon-gu, Daejeon-gu, and C, on January 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A E statement and a written petition;

1. Application of Acts and subordinate statutes to a warrant for verification of the amount of seizure (applicable mutatis mutandis to financial accounts);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to have been used for committing fraud more than ten times due to the transfer of Defendant’s access media for sentencing, and the fact that Defendant has been punished several times (13 times) has the records of punishment, etc. that are disadvantageous to the Defendant, the fact that the Defendant misleads the Defendant, recognized the truth and is contrary to the truth, and that there is no previous conviction exceeding the fine, the fact that there is no previous conviction exceeding the fine shall be considered as favorable to the Defendant, respectively, and the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined by

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