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(영문) 대구지방법원 서부지원 2018.05.21 2018고단585
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium while demanding, demanding or promising to receive compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, at around 17:30 on December 5, 2017, the Defendant received KRW 2,100,000 per head of the Tong for three days from a person in an infinite from his name, and delivered each physical card connected to the Daegu Bank Account (D) and the Agricultural Cooperative Account (E) under the name of the Defendant to the person infinite, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the details of financial transactions and replies to financial transactions to statutes;

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. Strict punishment is required in that the act of lending media access to the reasons for sentencing under Article 62(1) of the Criminal Act can be abused as a means of other crimes, such as tax evasion, scam, etc.

Nevertheless, the Defendant lent multiple access media, and as a result, the Defendant actually caused fraud in relation to the Defendant’s access media.

However, the defendant's mistake is recognized and reflected, and the defendant has no same criminal history, etc. shall be considered as a favorable situation.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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