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(영문) 대구지방법원 김천지원 2018.08.14 2018고단556
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, in February 2018, the Defendant would offer KRW 1.5 million per month from a person who was unable to know his name as a patrol officer.

Upon receipt of the proposal "," on March 2, 2018, the head of the Tong, check card, and its password connected to the Saemaul Bank Account (Account Number B) in the name of the defendant was sent to a person whose name is unknown, through the letter of cargo delivery at the Gu-U.S. bus terminal located in the Dong-ro 72, Dong-dong, Si-si, Si-si, Si-si, Dong-si.

As a result, the Defendant promised to pay for the price, and lent the access media to those who are not known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Application of each transfer statement and Acts and subordinate statutes on new data;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant was a monetary consideration, and the Defendant used the access media connected to the Defendant’s account once.

The access media that the defendant lent was actually used for fraud such as South Korea.

Defendant has already been punished by a fine for the same kind of crime.

However, the defendant recognized the crime of this case and re-reconvened.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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