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(영문) 대구지방법원 2018.11.30 2018고단4277
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the defendant, on June 23, 2018, proposed that he/she will use the e-mail card for one week if he/she borrowed it from a person who was misrepresented as B's staff and pay it for the price of three million won. In response, on June 24, 2018, the defendant sent a letter of e-mail card connected to the e-mail bank account (C) in the name of the defendant to Kwikset who sent the name in front of the e-mail-dong, Daegu-gu, Daegu-gu, to the e-mail-dong, on June 24, 2018.

With the promise of compensation, financial institutions have lent their access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A petition, inquiry into details of liquidity transactions, inquiry into details of electronic financial transfers, and application of Acts and subordinate statutes verifying deposits;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence as ordered shall be determined by taking into account the following circumstances: (a) the access media leased by the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act used for fraud; (b) the Defendant has been suspended from indictment for the same kind of crime; (c) the Defendant reflects the fact that the Defendant was not guilty of a fine exceeding the fine; and (d) the Defendant’s age, sex, environment, motive of the crime and circumstances after the crime, etc.

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