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(영문) 서울서부지방법원 2017.08.09 2016고단4009

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to give instructions on transactions in electronic financial transactions or to use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

On August 2016, 2016, the Defendant promised that “When sending a e-mail card, if it is short of the bank transaction performance to obtain a loan, the Defendant would have the e-mail borrowed by expanding the details of the e-mail transaction,” and then sent a e-mail card connected to the Defendant’s name bank account (D) to the Mat located in Mapo-gu Seoul Metropolitan Government, and then sent the e-mail card to the e-mail.

Accordingly, the defendant agreed to receive intangible expected profits that can be repaid in the future through the details of the deposit and withdrawal transaction, and lent a accessible medium to a person who has no name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection of seizure (comforcing the financial account);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the crime of lending an access to electronic financial transactions for the sentencing of Article 62(1) of the Act on the Suspension of Execution is a means to facilitate other crimes against many and unspecified persons, such as Bosing, and the access media provided by the Defendant was actually used for the crime of licensing, and that there was a history of punishment for the same kind of crime, etc., the liability for the crime is to choose imprisonment without prison labor, but the Defendant is against his mistake, and the Defendant made efforts to prevent additional damage upon requesting the suspension of transactions with the account immediately after the instant crime. The Defendant was transferred to the Defendant’s account.