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(영문) 대구지방법원 2017.08.10 2017고단3013
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on March 25, 2017, the Defendant would offer 600,000 won per day by lending one head of a Tong for the reduction of or exemption from taxes to a letter message from a person who is in a name in Daegu around March 25, 201.

A total of five days shall be used and three million won shall be paid.

“On the 29th day of the same month, after receiving the proposal, sent the physical card connected to the new bank account (Account Number: C) under the name of the Defendant on the 29th day of Daegu-gu B, Daegu-gu, Daegu-gu, through Kwikset Service, to the name in the name in question and promised to notify the password of the price, and lent the access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the confirmation of electronic financial transfer results and account transaction details;

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, the selection of imprisonment with prison labor;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act - Unfavorable circumstances: The act of lending an access medium such as the Defendant’s act of lending the same access medium as the Defendant’s present crime is likely to impair the general public’s reputation of financial transaction holders and make it possible to commit so-called “singing,” etc.; the Defendant’s access medium was used for actual crime and causing considerable damage; the Defendant’s use was not subject to punishment for the same kind of crime; the Defendant did not have any record of being punished for the same crime; and the Defendant’s late and late reflects the crime - Other factors indicated in the instant argument, such as the Defendant’s age, sexual behavior, family and support relationship, motive for the instant crime, and circumstances after the crime, etc., shall be

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