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(영문) 대구지방법원 2017.11.03 2017고단5180
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.

On July 10, 2017, the Defendant: (a) received contact from C Hospital C Hospital B, which lent e-mail card from a person who was not his/her name, in a written message; (b) accepted such contact; and (c) lent its official certificate and its ID, certification number, and password connected to the post office account under the name of the Defendant; and (d) lent its access media in electronic financial transactions to a person who was not his/her name, and promised to transmit it for consideration through the Kakao Stockholm Stockholm message.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to financial transaction replies (A);

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, the selection of imprisonment with prison labor;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes, and that the personal check card, etc. leased by the Defendant was used for actual fraud, it is necessary to strictly punish the Defendant.

However, considering the favorable circumstances that the defendant reflects the mistake, there is no criminal record of the same kind, and that there is no profit to the defendant from the crime of this case.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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