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(영문) 인천지방법원 부천지원 2018.10.11 2018고단2064

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 or receive, request or promise to receive any consideration in using or managing any access medium required for electronic financial transactions, and lend or borrow such access medium, or store, deliver or distribute such medium.

Nevertheless, on January 2018, the Defendant: (a) sent a written message stating that “The Defendant leased a e-mail card with respect to tax” from the insular phone from the insular phone, which is the Defendant’s residence in Kimpo-si B; (b) decided to transfer the card in advance; and (c) around that time, transferred a e-mail card connected to the Defendant’s bank D account in his own residence through Kwipo-si’s article, along with the page on which the Defendant’s e-mail was written and the e-mail was sent to the insular phone service.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the details of remittance of the amount of damage, a detailed statement of money entry into and departure from the bank account in the name of Korea bank, and a written message

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The lending of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, Bosing, etc., and the social harm is serious.

- The commission of the instant crime led to the occurrence of phishing damage.

- On January 25, 2010, the Defendant again committed the instant crime even though he/she was punished by a fine of one million won due to a violation of the Electronic Financial Transactions Act.

- Other factors such as the Defendant’s health condition (patient with a fluor), motive for and background of the commission of the crime, and circumstances after the commission of the crime (the amount of damage to the singishing victim) do not cover the entire amount.