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(영문) 대구지방법원 2017.05.30 2017고단1395
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while demanding or promising to receive any consideration, or promising to do so in using and managing an electronic card, electronic information equivalent thereto, certificate, password, etc. in electronic financial transactions.

Nevertheless, on January 18, 2017, the Defendant received a proposal from the Defendant’s home located in the Daegu Suwon-gu, that “The Defendant will grant user fees of KRW 700,000 per card per day,” using his/her cell phone from the person who was absent from his/her name. On the same day, around 12:57, the Defendant sent Kwikset Service Articles who was absent from his/her name in the D Beauty room located in the same Gu C, one copy of the physical card connected to the Daegu Bank Account (E) and the Saemaul Bank Account (F) in the name of the Defendant, and issued them with one copy of the physical card connected to the Kakset Service Articles in the name of the Defendant, and leased the access media in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The details of account transactions, the details of account transactions in Daegu Bank, investigation reports (Attachment of data submitted by a suspect) - Application of Acts and subordinate statutes on account transactions in the Saemaul Treasury;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The account transferred by the defendant was used for the criminal act of Bosing, causing the victim.

There is a history of criminal punishment on several occasions.

A favorable normal situation: There shall be no same kind of electricity.

It is a life-oriented crime and reflects the recognition of the crime.

0. Other conditions of sentencing, such as the age, sex, family relationship, records of crimes, the circumstances of this case, and the subsequent progress, shall be determined in the same manner as the order.

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