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(영문) 서울남부지방법원 2016.06.17 2016고단1245

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

[Criminal Records] On July 16, 2015, the Defendant was sentenced to a suspended sentence of one year on July 24, 2015 to six months of imprisonment with prison labor for the acquisition of stolen goods from the Incheon District Court’s Branch Branch.

[Criminal facts] The Defendant sought a passbook prepared by a person who was not aware of his name on January 20, 2015.

The message of “2 million won per month” was sent to the person without the name of the above, and the media connected to the account in the name of the defendant was leased to the person without the name of the defendant to receive KRW 2 million.

On February 10, 2015, the Defendant opened the account under the name of the Defendant and sent the passbook, check card, etc. of the said account to the above person on the same day through Kwikset Service Articles who found the Defendant on the same day.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written petition;

1. Certificates of transfer confirmation, text messages, and monitoring to take photographs, certificates of transfer transactions, and details of financial transactions;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, printed matter of consolidated cases, and text of judgment (Seoul District Court 2015 High Court 2015 High Court 1310 High Court 1310 High Court);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the crime of lending the approaching media of this case is an essential means to achieve the purpose of the singishing fraud crime, and the degree of the crime

It can not be said that the Defendant’s access media was actually used for the phishing fraud, and the damage was caused by the fraud, and the damage was not significant, which is disadvantageous to the Defendant.

However, the defendant's mistake.