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(영문) 대구지방법원 2017.04.13 2017고단481
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in electronic financial transactions, such as an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on October 4, 2016, the Defendant is a person who operates a private soil on his/her name, and his/her personal account is required, and if he/she sends his/her check card, he/she will provide one million won per card.

Upon receipt of the proposal "," around 15:00 on the same day, Kwikset service article sent to the article of false name in front of C in Daegu-gu, Daegu-gu, to the defendant's name, one copy of the Daegu-gu Bank Account (Account Number: D) and the Busan Bank Account (Account Number: E) respectively, and sent one copy of the physical card, which is a access medium connected to the defendant's name and the Busan Bank Account, to notify the password of the password and to lend the access medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements prepared by the F;

1. Application of Acts and subordinate statutes on account transactions and account transaction details;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) even though the Defendant knew that he/she will be used for illegal purposes, he/she transferred two physical cards to two accounts; (b) was actually used for the crime of Bosing; and (c) the victim occurred.

All damages have not been recovered.

The favorable circumstances: The defendant does not have the same power, and confession and reflects the crime.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.

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