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(영문) 대구지방법원 2018.06.21 2018고단1645
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 receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On November 22, 2017, the Defendant would lend the head of the Tong for the purpose of tax reduction or exemption for two weeks from the Defendant’s house located in Daegu Suwon-gu, Daegu-gu, to the Defendant’s name and influenite.

“On the same day,” in receipt of the proposal and accepted it, the head of Cock Card No. 1 connected to the account (Account Number: C) in the name of the defendant in the name of the defendant before the defendant’s office was informed through Kwikset Service Articles of Kwikset and the password was sent to the name-oriented person.

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to certificates of deposit 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 the sentencing of Article 62(1) of the Criminal Act was transferred, and the approach media transferred is used for the crime of fraud of telephone loan, and the liability for the crime is not somewhat weak.

However, it shall be decided as per the disposition in consideration of the age, sex, family relationship, circumstances leading to the crime, etc. of the defendant, such as the fact that the defendant is recognized as committing the crime and that it is the first offender who has no record of punishment so far.

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