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(영문) 대구지방법원 서부지원 2019.01.23 2018고단2448
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access, or lend or take over a means of access in return for compensation.

On July 2016, 2016, the Defendant promised to receive 100,000 won per day of physical card in front of the C Station Kimcheon-si, the Defendant lent two physical cards linked to the D Bank (Account Number: E) and F Bank (Account Number: G) accounts in the name of the Defendant to 2 of the non-registered persons.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing a criminal investigation report (Attachment to details of transactions of accounts received by the accused for payment);

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

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

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 Criminal Act is an unfavorable sentencing factor against the Defendant, such as not only impairing the safety and trust of financial transactions, but also when the leased card, etc. can be abused as a means of other crime. The Defendant lent two copies of the card, and the leased card, etc. was used for actual fraud.

On the other hand, the sentencing factors that are favorable to the defendant are the facts that the defendant led to the crime of this case and is divided, that there is no significant benefit from the crime of this case, that there is no means to punish him as the same crime of this case or to punish him exceeding the suspension of the execution of imprisonment.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and all the circumstances constituting the conditions for the punishment as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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