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(영문) 수원지방법원 안양지원 2018.11.15 2018고단1506

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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, the defendant, on March 8, 2018, can issue a 100% book of Maspbook from a person who misrepresented the employees of a mutual unsound lending company through the first financial right and business agreement.

It is required for about 2 to 3 days, and is responsible from 5 million won to 30 million won, and will be approved.

However, since it is possible to open a passbook to raise credit rating, the head of the Tong with the proposal that "the head of the Tong will inform him of the password," the head of the 15:20th day of the same day, and then, the "C member" located in B located in the Gu during the Ansan-si around 15:20 of the same day, and Kwikkset service articles sent by the above non-sicker, one check connected to the national bank account (D) in the name of the defendant, and notify the above non-sicker of the identification number of the above physical card using the cell phone.

As a result, the defendant was promised to obtain credit rating through false deposit and borrowed access media for electronic financial transactions to the name in return for the intangible expectation profit that can receive a future loan through the false deposit and withdrawal transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was the same kind of crime in the past, the Defendant again committed the instant crime, and the media that access to the instant crime was used for the instant phishing fraud, etc., the Defendant’s liability for the crime is not minor in light of the fact that the media that access to the instant crime was used for the phishing fraud.

However, it is against the defendant's wrong, and there is no record of criminal punishment, and all kinds of sentencing conditions including the defendant's age, environment, etc.