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(영문) 창원지방법원 2018.06.29 2018고단955

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall borrow or lend any access medium while giving and receiving, demanding or promising to give and receive any consideration, or use and manage any access medium used to give instructions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transactions.

Nevertheless, on October 22, 2017, the Defendant needs to keep an individual account for three alcoholic beverages from a person whose name is unknown.

One account shall be 600,000 won per day when being used for three days.

“Around October 24, 2017, in front of the 101-dong, Changwon-si, Sungwon-si, for the purpose of delivering the physical card connected to the post office account (C) in the name of the Defendant to the above in front of the 101-dong, Changwon-si, the Kwikset service engineer, and the identification number was given while communicating with the above name in order to deliver it to the above person in the name of the defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on verifications of financial transactions, personal information, and inquiries about details of financial transactions;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. In a situation where a variety of Bosing crimes, which have caused serious harm to our society due to the reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution, continue to take place, it is not good that the Defendant arbitrarily lent a medium of access to electronic financial transactions to a person who is not identifiable for the purpose of acquiring illegal profits.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the outcome of the crime is not easy.

In addition, the defendant has already been suspended from indictment for the same crime.