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(영문) 대구지방법원 안동지원 2017.06.09 2017고단73
전자금융거래법위반
Text

1. The punishment of the accused shall be four months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

At around 14:00 on November 20, 2016, the Defendant promised to receive KRW 300,000,000 if he/she borrowed the e-mail card from the insane in front of the apartment guard room, and then, promised to receive KRW 300,000 from the insane in front of the apartment guard room, the Defendant sent one e-mail card connected to the company bank account in the name of the Defendant under the name of the approaching media, and lent the access media through the Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each petition filed by D or C;

1. Written statements of D;

1. Application of the details of each transaction and the Acts and subordinate statutes governing response to financial information;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Services Criminal Act has the history of criminal punishment several times, and in particular, even if the Defendant was punished by the same type of crime in 2013, the Defendant committed the instant crime. While recognizing that the act of lending its access media was likely to be used for committing the instant crime, the Defendant committed the instant crime while recognizing that the act of lending its access media was committed, and in fact, constituted fraud by using the access media leased by the Defendant.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

The defendant seems to have no benefit from the crime of this case.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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