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(영문) 대구지방법원 김천지원 2016.02.03 2015고단1453

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any electronic card or similar electronic information and password, etc. of an electronic financial transaction, or establish a pledge right thereon.

Nevertheless, on April 2015, the Defendant received KRW 1,50,000 per day from a person in unsound-gu B store in front of his name, and transferred the physical card, etc. connected to the national bank account under the name of the Defendant to a person in a false name, by putting the passbook, etc., which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D, E, and F;

1. Application of each deposit details, each Kakao Stockholm Act and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act for the observation of protection and observation is likely to not only impair the reliability of the safety performance of electronic financial transactions, but also be criticized as having a significant adverse impact on society by using it for crimes such as so-called Bosing, etc., such as massing of many victims.

In light of the fact that the passbook transferred by the defendant has been used for the phishing crime, there is a need for punishment corresponding to the illegal act against the defendant.

On the other hand, there are circumstances to consider the defendant, such as the fact that the defendant recognized the crime of this case as well as his mistake, and that the defendant does not seem to have been directly involved in the99.

In addition, the defendant's age, criminal records, sexual conduct, environment, motive and circumstances of the crime of this case, and various sentencing conditions as shown in the records and arguments after the crime of this case shall be comprehensively considered, and the punishment shall be determined as ordered.