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(영문) 광주지방법원 순천지원 2017.06.28 2017고단411

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 any other Act, no person shall transfer or take over any access medium used in electronic financial transactions, receive or lease any access medium or lend such medium for any purpose of using it for a crime, or lend or lend any access medium with the knowledge that it will be used for a crime, in connection with the use or management of such medium.

Nevertheless, the Defendant, at the time of leasing an account from an Buddhist person, was willing to lease a e-mail card with a text message of KRW 2 million per month, KRW 5 million per month, and KRW 2 million per month.

On November 2, 2016, at around 13:21, 2016, the Defendant received 200,000 won per month the head of the physical card linked to the national bank account (C) in the name of the Defendant, and transferred Kwikset service to a person without name.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (to attach suspect A account information);

1. Financial transactions;

1. Application of text messages statutes;

1. Article 49 (4) 2 of the relevant Act and Article 49 (3) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the main sentence of the same Act concerning criminal facts, the selection of imprisonment for a prison labor;

1. The reasons for sentencing under the main sentence of Article 62(1) of the Act on the Suspension of Execution are as follows: (a) unfavorable circumstances, such as the fact that the access media leased by the defendant was used for committing the phishing fraud; (b) the recognition of and reflects against the defendant; (c) favorable circumstances, such as the fact that the defendant has no record of criminal punishment; and (d) the age, family environment, motive and consequence of the crime, etc. of the defendant