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(영문) 대구지방법원 2017.06.02 2017고단1397
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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, the Defendant, upon receiving a proposal from a person under whose name the Defendant’s “B, who is an employee of the liquor company, would pay 3 million won per loan account if he/she lends a financial account to receive the sales payment in order to reduce the amount of tax,” and accepted the proposal. On November 10, 2016, the Defendant sent the physical card connected to the Defendant’s name bank account (E) at the convenience store near Daegu-gu Seoul metropolitan building to the Defendant’s name and sent it to the designated place by the person under whose name the personal account was unknown, and on the same day, notified the person under whose name the same day the password of the above physical card was Kao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written petition;

1. Application of Acts and subordinate statutes to a report on investigation (as to the result of execution of a warrant of seizure);

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 on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act requires a strict punishment on the following grounds: (a) the Defendant lent the access medium used for the so-called “singing,” which helps an unspecified number of victims of fraud.

On the other hand, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, are determined like the order, considering the fact that the defendant has no criminal record or has no record of criminal punishment exceeding the fine, that the defendant seems to have no profit from the crime of this case, that the defendant is against the defendant, and that the defendant is against the defendant.

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