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(영문) 의정부지방법원 2018.02.07 2017고단5689

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 may lend a financial institution’s access medium with the receipt, demand or promise of compensation. However, the Defendant would pay KRW 3 million per account on October 11, 2017, in front of C in Yangju City, around 17:00.

Upon receipt of a proposal to the effect that “,” it was accepted, and then lent an access medium for electronic financial transactions to the Defendant’s name, through Kwikset Service Officer, via Kwikset Service Officer, who sent the above name to the person in default and notify him of the password by telephone, connected to the bank (D) account in the Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

1. Application of each statute on the details of new bank account transactions, and the details of account transactions in our bank account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for phishing purposes (Evidence 7, 40, 47, 48 pages). If the Defendant did not lend the access media, decent people would not have become victims of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the defendant is living against the defendant while making a confession of the crime, and he has the same criminal record.