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(영문) 대구지방법원 2018.05.10 2018고단1269
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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.

Nevertheless, the Defendant, on January 16, 2018, lent the check card to the cell phone message from the person who was incompetuous from his name in the Seongbuk-gu Seoul Metropolitan City, Suwon-gu, Seoul, to pay KRW 300 to 60 million on the face of the week.

“The” received contact and consented to it, and then sent the physical card connected to the post office account (B) in the name of the Defendant before the Kwikset Enterprise Bank located in the Daegu Metropolitan City Sugdong, Daegu Metropolitan City, and then lent its access media in electronic financial transactions, with Kwikset’s service, and promised to notify the password of the price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Application of Acts and subordinate statutes, such as details of transactions and details of 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 concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant lent access media to the defendant, and the liability for the crime is not minor in terms of the fact that the access media leased by the defendant was used to commit the fraud of telephone loans.

However, it is so decided as per Disposition by examining the following: the defendant's age, sex, environment, details leading to the crime, and circumstances after the crime, etc. in light of the fact that the defendant approved the crime and there is no record of punishment for the same crime.

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