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(영문) 대구지방법원 서부지원 2018.11.27 2018고단1321
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 person shall transfer or take over any access medium, or lend or take over any access medium in return for payment or in return for promise.

Nevertheless, on November 6, 2017, the Defendant borrowed a e-mail card from Daegu Seo-gu, Seo-gu, to receive KRW 200,000 per day, instead of lending the e-mail card, and sent a total of two copies of the e-mail card linked to his own name Nong Bank Account (D, E).

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Specifications of transactions and details of financial transactions;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act, and selection of imprisonment for a crime;

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

1. The act of lending a media access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as a means of other crimes, and thus, should be strictly punished. The account of this case where the Defendant lent the access media is actually used for other crimes, the number of the access media (physical card) leased by the Defendant is two or more. Meanwhile, the fact that the Defendant recognized the Defendant’s mistake and did not repeat the crime while contrary to his or her intention, the circumstances leading up to the crime, the history of the crime (a majority of the criminal records of this case), the prosecution’s punishment, etc. are determined as above.

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