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(영문) 대구지방법원 2018.05.03 2017고단6113
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

The Defendant may, on August 8, 2017, grant KRW 3 million per week and KRW 1.5 million per week from a person who was in the name of the Defendant, on account of tax issues of alcoholic beverage companies.

“After receiving the phone called “,” and accepting it, on the front of the subway Line 3, which is located in the Daegu Suwon-gu Dokdong, 12:00, one copy of the Cze Card connected to the Saemaul Treasury Account (Account Number: C) in the name of the defendant was sent to the nameless person through Kwikset Service Articles.

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. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on 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 concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is to lend the approach media to the reasons for sentencing under Article 62(1) of the suspended sentence, and the liability for the crime is not less than that of using the access media that the defendant lent to the crime of telephone loan fraud.

However, this case's crime is recognized and there is no record of punishment heavier than a fine. It is so decided as per Disposition by considering the age, sexual behavior, environment, and circumstances leading to the crime.

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