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(영문) 대구지방법원 안동지원 2018.11.30 2017고단505

전자금융거래법위반

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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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on June 10, 2017, the Defendant agreed to pay KRW 3 million to the person who was named in the name of the Defendant “on the face of the head of the Tong to lease the head of the Tong.” On the same day, around 09:00, the Defendant provided a bus bus stop in the city bus stop located in the Seoyang-ri-ri-si, the 09:00 on the same day, through the bus freight, the Defendant provided the e-mail card and the head of the Tong, which is an access medium necessary for the electronic financial transaction in the name of the Defendant, to the person who was named in the name of the Defendant. The Defendant provided the e-mail card and the head of the Tong, which is a medium of access necessary for the electronic financial transaction in the e-mail bank account (B).

As a result, the defendant promised to receive the price, and lent the access media necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of a detailed statement of electronic financial accounts to statutes;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as another means of crime for the transfer and lending of access media for electronic financial transactions. In this case, even if the access media leased by the Defendant was used for the phishing crime, damage was inflicted.

However, the defendant seems to have no profit from the crime of this case.

The defendant has no particular criminal record, in addition to the punishment of a fine imposed once,.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the number of the leased access media, and the circumstances after the crime are considered, and the punishment as ordered is determined.