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(영문) 춘천지방법원 2018.12.12 2018고단1030

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

On December 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, for six months and two years of suspended execution, and the judgment became final and conclusive on the 20th of the same month.

No person shall use and manage any access medium at a price and lend the access medium.

Nevertheless, on October 25, 2017, the Defendant received a proposal from a person who was in the name of the Defendant to “be in charge of a liquor company, due to tax issues, and will offer 80,000 won per day if he/she borrowed the crow card for three days, and then delivered a copy of the crow Card connected to the crypted Account under the name of the Defendant to the above person who was in the name of the Defendant to the crypted Account (D) on October 27, 2017.

Accordingly, the defendant would receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of a passbook, a certificate of deposit transaction records, details of financial transactions, investigation reports (data on the confirmation ofCCTV image), and a camera screen of the contents of the Kakao conversation;

1. Previous convictions in judgment: The application of inquiry inquiry, such as criminal history, investigation report (the period during which the suspect is suspended from execution and the same records);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of distributing the access media with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is highly malicious in society in that the distributed access media is used as the means of the so-called Bosing crime or as the means of delivering illegal Internet gambling funds. The account of this case is actually used for the crime of Bosing phishing, and the Defendant is an unlawful use of the leased access media (in order to solve tax issues, the account in the name of another person).