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(영문) 대구지방법원 2018.01.18 2017고단6552
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 August 23, 2017, the Defendant loaned a card to use for tax reduction or exemption for three days from a person who has no knowledge of his/her name in a place where it is impossible to identify the Daegu Metropolitan City on or around August 23, 2017.

“After receiving contact and consenting to such contact, “A” sent a physical card (Account Number: D) connected to the Defendant’s bank account in Daegu Suwon-gu B of the same day to the name in the name of the Defendant and lent a medium of access to electronic financial transactions, with a promise to notify the password of the price through the contact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on deposit certificates and replies to financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouses is that the defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for forgery of private documents at the Daegu District Court on January 26, 2016.

6. 29. The above judgment became final and conclusive, and even during the period of suspension of execution, repeats the instant crime, and lends the access media upon promise to pay the price, and the access media was used for actual telephone financial fraud.

However, all of the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance of the crime, etc., are favorable circumstances such as the defendant's acknowledgement of the crime of this case and the fact that there was no record of punishment for the same crime, the fact that the defendant did not participate in the crime of telephone financing fraud and did not acquire the price, etc.

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