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(영문) 인천지방법원 2018.07.27 2018고단3521

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 borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on March 10, 2018, the Defendant would pay KRW 2.5 million by telephone from a person who has no name to the name of the Defendant for three days.

“After receipt of the proposal, the proposal was accepted, and then delivered to the above person in the name of the deceased through a head of the physical card connected to the community credit cooperative account (D) in the name of the defendant in Bupyeong-gu Incheon on the same day.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed inquiry of transaction details (A three million won);

1. Application of the Kakao Stockholm dialogue legislation

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The Defendant’s crime of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the grounds for sentencing”) lends to the Defendant an access medium in return for promise of consideration. This crime not only undermines the transparency of electronic financial transactions, disturbs the financial order, but also disturbs the financial order, making it difficult to arrest the offender who actually committed the crime by using the crime with great social harm, such as Bosing, fraud, etc., and derivatives another crime, such as making the victim’s damage recovery difficult, and there is considerable social harm and need for the punishment.

The Defendant's access media seems to have actually been used for the phishing fraud crime and have caused considerable damage.

The phishing fraud crime is a major crime committed by the economically and socially weak, and is good using their booms.