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(영문) 대구지방법원 2018.04.24 2018고단1019
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

On January 10, 2018, the Defendant: (a) received a proposal from a person in the name of the Daegu Metropolitan City to “one million won per week from the bank account for the collection of alcoholic beverages; and (b) promised to provide a payment of KRW 500,000,000 per day to the bank account in the name of the Defendant at the “C” dispatch company in the vicinity of the Daegu Metropolitan City on January 11, 2018; and (c) lent the access media in electronic financial transactions by notifying the nameless person of the physical card connected to the Daegu Metropolitan City (D) to the account in the name of the Defendant, and promising to provide the account number and password of the Kakaka Stockholm x.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes on response to the provision of financial transaction information, details of the transaction, application for deposit transaction, and Kakao details;

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 concerning the selection of punishment, the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason behind sentencing under Article 62-2 of the Social Service Order Criminal Act was revealed to the effect that, in the past, access media lending can be used for licensing crimes due to the enemy investigated as a relevant case.

The favorable circumstances: confession and reflect.

The amount of damage has been refunded to the victim.

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