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(영문) 대구지방법원 2017.11.29 2017고단5650
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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.

On July 7, 2017, the Defendant granted money from a person who has no name to lend an account.

“To receive the word “,” and to call to a person under whose name the word “to provide three million won per week if he/she lends his/her own account as he/she intends to reduce taxes.”

“After receiving and consenting to the proposal, at the B coffee shop located in the Gandong-gun around the 17th of the same month, one chapter of C C C Card, each linked to the company bank account in the name of the defendant (Account Number: C), the Daegu bank account (D), the Korean bank account (E), and the company bank account (F), was sent to Kwikset service article.

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. Statement of the police statement related to G;

1. Each statement of H, I, J, K, L, M and N;

1. Application of the relevant Acts and subordinate statutes to the specifications of each transfer and details of each entry and withdrawal transaction;

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. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is likely to be committed in large number of unspecified victims, and to be provided for so-called scaming, etc., which is highly detrimental to society that disturbs financial order, and the Defendant’s lending media is a large number of access media, and the fact that it was actually used for the crime is disadvantageous.

The fact that there is no criminal punishment against the defendant, that the defendant seems to have no profit acquired by the crime of this case, and that the defendant is against the defendant is a favorable condition.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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