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(영문) 대구지방법원 포항지원 2017.04.27 2017고단237
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor 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 person shall give a direction of transaction in electronic financial transactions while promising to receive any consideration, or lend any access medium used to guarantee the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on November 21, 2016, the Defendant received KRW 700,000 per day in front of C in Nam-gu, Nam-gu, Nam-gu, Seoul, at around 17:00 on November 21, 2016, in return for lending the account, and sent a letter of the Defendant’s mother Swiksetline (E) bank account used by the Defendant via Kwikset Service to the name-oriented person, and notified the password by telephone.

As a result, the defendant promised to receive compensation, and lent the above account access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the accused confessions the instant crime and repents his mistake; (b) the accused has no record of punishment except the fine; and (c) the accused’s age, environment, sex behavior, motive and means of the instant crime; and (d) the circumstances after the commission of the crime, etc., which are the conditions for sentencing as shown in the instant pleadings, shall be determined as ordered, taking

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