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(영문) 대구지방법원 2017.07.11 2017고단3126
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 other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On March 2017, the Defendant would pay KRW 3,50,000 per month on the card, if he leases an account that he did not use and a check card to his name.

“On the 27th day of the same month, after having consulted the other party with the other party, the name in the name in the name of the deceased on the road near the first apartment complex located in the Handong-gu, Daegu-gu, Daegu-gu, the 27th day of the same month, through Kwikset service articles connected to the Saemaul Treasury Account (Account Number: B) in the name of the defendant.

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 made by the police against C;

1. Copy of a certificate of remittance confirmation;

1. Application of Acts and subordinate statutes on financial transactions;

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 reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act lends access media by promising the defendant to receive compensation. The access media is disadvantageous to the fact that it was actually used for the actual crime of telephone financial fraud. However, there is no history of punishment other than a single fine. The recognition of the crime of this case reflects the fact that it was committed, the fact that it was not involved in the crime of telephone financial fraud, the fact that it was not acquired the compensation, and other favorable circumstances such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and all other conditions of sentencing as ordered.

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