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(영문) 대구지방법원 서부지원 2018.10.10 2018고단339
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on September 21, 2017, the Defendant received 80,000 won per day from the D office located in Daegu-gun District Court D on September 21, 2017, instead of lending e-mail cards for three days, and sent e-mail cards to the names of the victims, one copy of the e-mail card, which is each connected with the e-mail account (F) and the e-mail account (G) and the national bank account (G).

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Details of receipt of deposits and replies to financial data;

1. Application of investigation reports (including compromises, details of transactions with national banks), application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant, such as not only impairing the safety and trust of financial transactions, but also making leased cards, etc. used as a means of other crimes, and the fact that the cream card, etc. leased by the defendant was used for actual fraud, and that the defendant was punished by suspended execution, etc.

On the other hand, the fact that the defendant led to the crime of this case and is divided, and that there is no benefit from the crime of this case, and that there is no record of punishment for the same crime, etc. are factors for sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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