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(영문) 대구지방법원 2017.04.14 2017고단478
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in electronic financial transactions, such as an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, on October 2016, the defendant's name-free person "is engaged in alcoholic beverage business in a foreign country, there are many taxes, and there is a need for a passbook to return.

The loan shall be KRW 1.5 million.

“In receipt of the proposal, at the end of October 2016, at the end of the Daegu-gu Office of the department store, the name influenite, who was on board a white string in front of the department store, issued a physical card connected to the Defendant’s name bank account (Account Number B) and notified the password to receive the price, and lent a accessible medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes stating transaction details and replies;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing as follows), even though the defendant had been subject to criminal punishment several times, and the account leased by the defendant was used for the criminal act of Bosing. However, although the defendant appears to have no profit from the criminal act of this case, the defendant is deemed to have no profit from the criminal act of this case, and the defendant does not have any profit from the criminal act of this case, the conditions for sentencing favorable to the defendant, such as the defendant's age, sexual behavior, and circumstances after the criminal act, etc., shall be determined as ordered

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