beta
(영문) 대구지방법원 안동지원 2018.08.31 2018고단299

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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, the Defendant would, on January 2017, give 70,000 won on the day of lending the account from a person who is not a senior policeman on his/her name, and 2.1 million won on the third day.

“On contact,” on January 22, 2017, through C’s home delivery company located in B at the permanent residence of the Si of Gyeongbuk-si, the nameless person in the name of the Si of Gyeongbuk-si was sent one copy of C’s physical card, which is a medium of access necessary for electronic financial transactions in the name of the Defendant, to the bank account in the name of the Defendant (number: D) and the password was sent by telephone.

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. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of transaction specifications (E) and transaction details Acts and subordinate 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 recognizes his mistake and is against his will.

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

There is no criminal record for the defendant, and there is no criminal record for the defendant who has been punished for a suspended sentence or heavier after 198.

In addition, the defendant's age, sex, environment, health conditions, economic circumstances, motive and background of the crime, means and results of the crime, the number of the leased access media, and the circumstances after the crime are determined as ordered by considering the various circumstances in the trial process.