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(영문) 대구지방법원 서부지원 2018.06.27 2017고단3256
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium or lend or take over such an access medium in return for payment.

Nevertheless, on June 30, 2017, the Defendant received a proposal from a person under whose name the name the Defendant would make a loan by making a physical card from the office of post office account under the name of the Defendant (B), the National Bank account (C), and the new bank account (D) at a point located in Yongsan-gu, Daegu-gu, Daegu-gu. In addition, the Defendant sent a total of three copies of the physical card to the person under whose name the name the Defendant would not have opened the card.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of each account transaction, application of Acts and subordinate statutes on a copy of passbook;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is an element of sentencing unfavorable to the defendant, such as the following: (a) the crime of this case is committed not only impairing the safety and trust of financial transactions, but also because lent cards, etc. can be abused as means of other crimes; (b) the Defendant’s leased cards, etc. were used for actual fraud; and (c) the Defendant transferred the money deposited by scam to another account at the request of scaming criminal; and (d) the Defendant had the record of having been suspended of indictment for the same kind of crime, even if the Defendant

On the other hand, the fact that the defendant led to the crime of this case and is divided, and that there is no benefit from the crime of this case, and that there is no record of criminal punishment exceeding the fine, etc. are factors for sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and result of the crime.

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