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(영문) 서울남부지방법원 2018.06.27 2018고단1396

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of two years 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 borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

Around January 5, 2018, the Defendant’s statement that he would pay KRW 3 million when sending a physical card from a person who is not his name, and around January 5, 2018, the Defendant issued a physical card connected to the Defendant’s name to the account of the National Bank (Account Number (C) of Gangseo-gu Seoul Metropolitan Government) on the part of the Defendant’s name and notified the password.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Statement made by the police against D;

1. Reports on internal investigation (verification of details of damage and attachment of a written confirmation of the results of transfer) and written confirmation of transfer results;

1. Application of the Acts and subordinate statutes governing the statement of transactions of automatic deposit and withdrawal;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (a point of lending access media and choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is not likely to be committed by leasing the media that can be used for the so-called Bosing crimes or Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

A favorable normal situation: The defendant shows the appearance of reflecting the defendant's wrong recognition, and does not repeat the crime.

There are many things.

There is no particular criminal punishment in addition to long-term past crimes.

The above circumstances, the background leading the Defendant to the instant crime, the method and content of the crime, the circumstances after the crime, and other circumstances, including the Defendant’s age, sex, and environment.