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(영문) 대구지방법원 2016.09.13 2016고단2079
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium necessary for electronic financial transactions to any third person or receive or promise to receive a price therefor to any third person.

Nevertheless, on March 10, 2016, the defendant sent to the defendant's mobile phone name in the name of the defendant, and 1.5 million won per account because he borrowed an account for tax reduction.

“On the 15th day of the same month, “The content of the advertisement was reported, and 3.6 million won was paid on the condition that two crow cards were to be contacted to the above person, and then, on the 15th day of the same month, 3.6 million won was given on the condition that he was sent to the above person, via Kwikset service articles, each physical card connected to the national bank account (B) and the new bank account (C) in the name of the defendant, and the head of the passbook number and password were sent to the third person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application for a warrant of search and seizure inspection (applicable mutatis mutandis to the financial account);

1. Application of Acts and subordinate statutes to notify details of remittance and financial data;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant received a monthly payment of 3.6 million won, and lent a accessible medium, and that the leased access medium was used for committing fraud, is disadvantageous.

However, in full view of the favorable circumstances, such as the fact that the defendant has no record of punishment for the same kind of crime or fine or heavier punishment and has not been paid the price actually promised, and all of the sentencing conditions, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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