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(영문) 대구지방법원 서부지원 2018.08.29 2018고단452
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on November 19, 2017, around 17:00, to arrange employment on the front side of the building B in Daegu-gu, Daegu-gu, and thus, to lend the physical card, one copy of the physical card connected to the bank account in the name of the defendant to the name in the name in the name of the non-surced person (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on financial transaction details;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant, such as not only impairing the safety and trust of financial transactions, but also making leased cards, etc. used as a means of other crimes; the physical card, etc. leased by the defendant was used for the actual crime of fraud; and the fact that the defendant has been punished for a fine.

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 punishment or fine exceeding the amount of fine, etc. are the factors of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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