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(영문) 대구지방법원 2017.08.11 2017고단3596
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 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, on February 2017, the Defendant requires another person's account to receive money from the customers who operated a sports earth office by telephone from a person without the name of the police officer.

On the first floor of the defendant's office located on the 15th day of the loan of the account, the bank bank account (Account Number:C) linked to the defendant's name in the name of the defendant was sent through Kwikwikset service and provided a password with a password and lent the access medium in the electronic financial transaction with the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes to written statements of financial transactions and response materials;

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 the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for the following sentencing) was used for the criminal act of Bosing, with regard to which the Defendant’s lending account was more severe than the fine, considering the fact that there were several criminal punishments, the Defendant was sentenced to a fine; however, the Defendant’s lending account is only one, and it appears that there is no profit acquired through the criminal act; and the Defendant does not have been subject to more severe punishment than the fine or punishment for the same kind of crime, and other favorable sentencing conditions for the Defendant.

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