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(영문) 대구지방법원 2018.08.30 2018고단1510
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 expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on November 201, 2017, the Defendant: (a) sent the e-mail card from a person in a name in the name in Daegu for three days to “be paid KRW 700,000 per day if the e-mail card was lent for three days; and (b) lent the e-mail card connected to the new bank account (C) in the name of the Defendant on November 20, 2017, the Defendant sent the e-mail card to the name in the name in the name of the Defendant through Kwikset-gu, Daegu-gu, and promised to notify the password of the password; and (c) lent the access medium in the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The principal's financial transactions;

1. Application of Acts and subordinate statutes to investigation reports (the results of execution of a warrant of search and seizure for tracking financial accounts);

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances: (a) the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and reflects the fact that he/she has no record of being punished for the same kind of crime; and (b) other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family

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