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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1509

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall engage in any act of leasing or lending any access medium while demanding, demanding or promising to give a transaction instruction in electronic financial transactions or use or manage any access medium used in order to secure the authenticity and accuracy of the users and the details of the transaction.

Nevertheless, on April 2018, the Defendant: (a) received the word “to lend a passbook to an unspecified person; (b) want to offer KRW 300-4 million from a month on which the loan was made; and (c) delivered each physical check card connected to the Defendant’s name post office account B and the national bank account C to the Articles of Kwikset Service, who sent the said Buddhist person to the same on a broad-gyang-si (hereinafter referred to as “Swikset Service”).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Two copies of replies to post offices, replys to a warrant of search, seizure and verification, and account transactions;

1. Application of Acts and subordinate statutes governing Kakao Stockholm text content;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Although the Defendant’s reason for sentencing selective punishment of imprisonment is against the mistake, the Defendant again commits the instant crime even if he/she was punished by a fine due to a crime of transferring a passbook or debit card connected to the account of the National Bank as indicated in the judgment on September 13, 2010, the Defendant lent multiple accessible media, and the Defendant’s leased access media was used for the commission of the phishing fraud, the sentence should be imposed on the Defendant.

In addition, taking into account such circumstances and the defendant's age, family environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.