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(영문) 수원지방법원 2018.07.13 2018고단2791

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

No person shall transfer or take over any access medium in using or managing the access medium.

The Defendant sent a physical card.

“To lend a loan by raising credit rating by setting up a trading performance on the face of the State” send a physical card, which is an access medium, to the nameless person.

In the case where the account connected with the card was investigated as a case used for the crime of Bosing fraud, and received an investigation on November 24, 2015, and on June 28, 2017, each of the electronic financial transaction laws violation was subject to a disposition not suspected (insufficient evidence) as to the charges, and on November 3, 2016, the account was sentenced to a suspended sentence of one year for a violation of the Electronic Financial Transaction Act from the Suwon Franchisor Act on November 11, 2016, and the said judgment became final and conclusive on November 11, 2016, it was sent as above the fact that the transfer of its access medium to others is subject to punishment.

Quasi-Access media was aware that it could be used for the criminal conduct of phishing fraud.

Nevertheless, on October 25, 2017, the Defendant: (a) had a name-free and loan counsel that misrepresents the employees of the lending company in front of Osan-si, B; and (b) had the name-free and loan counsel, the Defendant heard the horses that “the loan interest interest is sending a physical card for the purpose that us is able to prevent the interest from entering the bank account in excess of the autonomy of law; and (c) notified the name-free and the account number and password of the KB national bank account (C) in the name of the Defendant.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to financial transaction information;

1. Investigation report (the previous report on confirmation of the past record);

1. Application of Acts and subordinate statutes on copies of police statements made to D;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows.