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(영문) 대구지방법원 2017.10.26 2017고단4700

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on January 19, 2017, the Defendant sent the physical card to the Kakao Stockholm message from his own house located in Daegu North-gu, Daegu-gu, Daegu-gu, on January 19, 2017, and consented to the contact that 2,00,000 won will be given to the name in a month, and then sent the physical card to the Defendant’s name and the password to the Defendant’s bank account (Account Number: C) through Kwikset’s service, and lent the access media in electronic financial transactions, promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on investigation reports (to recruit suspect A and the head of Tong for the public announcement of suspect A and the head of Tong for the public announcement;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

1. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, the access media leased by the defendant was used for the phishing crime.

In addition, in light of the fact that the damage of the victim is not completely recovered, the criminal liability of the defendant is not weak.

However, the Defendant is the first offender, and all the facts charged in the instant case are recognized, and is against his wrongness, and the Defendant did not obtain any substantial benefit from the instant crime, and the amount of damage to the phishing crime is relatively small, and the Defendant’s age, sex, environment, motive or circumstance of the crime, and the crime.