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(영문) 대구지방법원 2017.09.27 2017고단3801
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.

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.

The Defendant, on December 1, 2016, from a person who was in the name of the Defendant on December 1, 2016, “The account of others is necessary to operate the illegal sports soil site,” and the Defendant would provide KRW 3 million three million after three days after lending the account.

“After receipt of a proposal and consent thereto, around 15:30 on December 4, 2016, “D Schlage” in the name of the Defendant at the post office account (Account Number: E) connected to the name of the Defendant in Daegu Northern-gu, Daegu Northern-gu, sent one copy of the CC card to the non-name and notify the password, and lent a medium of access to electronic financial transactions, promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Presentation of details of financial transactions;

1. Application of Acts and subordinate statutes to CCTV video data withdrawn from damage;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act on criminal facts (a point of lending an access medium);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 2 and 60(1) of the Irregular Juvenile Act are as follows: (a) the Defendant was born from three years of age to three and was unable to receive appropriate protection and supervision from his mother for living activities, etc.; and (b) the value as a minor under 17 years of age at the time of committing the instant crime was not established yet.

In relation to the motive and process of the instant crime, while the Defendant borrowed money from G and found a way to repay the money, the Defendant may impose the money from G to only lend the money.

The phrase asserts to the effect that the horses were heard and brought about to commit the instant crime, and that the circumstances may be considered.

However, lending a medium of access to electronic financial transactions.

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