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(영문) 대구지방법원 포항지원 2017.01.11 2016고단1374
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 person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on September 6, 2016, the Defendant: (a) received a proposal from a person without a name, and accepted such proposal and sent to the Kwikset service provider the name of the same day with three physical cards connected to the Defendant’s name bank account (B), corporate bank account (C), and veterinary account (D).

Accordingly, the defendant paid the price to the third party and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (a) of the Act on the Punishment, etc. of Specific Crimes (along with the following circumstances: (b) although the account linked with one of the above lending cards was actually used for the commission of a singishing crime; (c) however, the amount of damage was immediately suspended after the deposit and the amount of damage is anticipated to be refunded to the victim; (d) the Defendant has no record of criminal history or criminal record exceeding the same kind of crime or fine; and (e) the

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