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(영문) 대구지방법원 2018.02.13 2017고단7047
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 one year from the date this judgment becomes 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 to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, around 18:00 on August 7, 2017, the Defendant was urged to lend a borrowed account to be used for tax reduction or exemption from a person in the name in the name of Daegu-gu B, Daegu-gu, and consented to the lending of KRW 700,000 per one account, and then lent a check of access to the electronic financial transaction through Kwikset-based service to the name in the name of the Defendant’s bank account (Account Number C) and post office account (Account Number: D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of transactions of each automation machine;

1. Notification of data on financial transaction status;

1. Detailed statement of transactions by account;

1. Application of Acts and subordinate statutes on a copy of passbook;

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 suspended execution (see, e.g., Supreme Court Decision 201Da11448, Apr. 1, 201)

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