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(영문) 대구지방법원 서부지원 2018.11.27 2018고단1327
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

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on March 20, 2018, the Defendant sent a e-mail card at the post office around 10:50 on the Daegu-dong Daegu-dong-gu, Daegu-gu, Daegu-gu, and sent the e-mail card, the Defendant sent the e-mail card to the nameless party who wants to obtain a loan by accumulating the transaction performance and then sent the e-mail card to the e-mail bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. Written replies of financial transaction information;

1. Application of Acts and subordinate statutes on the receipt of stack messages and Kakao Stockholm text messages;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. In full view of all the circumstances, including the following: (a) the act of lending a medium access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes; (b) the account of this case where the Defendant lent the access medium was actually used for other crimes; (c) the Defendant’s act of not re-offending while recognizing and opposing his mistake; (d) the economic situation is difficult; (e) the fact that the Defendant’s act of not re-offending is being committed; (e) the process of the crime; (e) the background of the crime; (g) the history of the crime (which constitutes

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