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(영문) 서울북부지방법원 2018.09.06 2018고단1722

전자금융거래법위반

Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on January 3, 2018, the Defendant would pay storage fees in return for lending the OTP and account connected to the Internet banking from a person whose name cannot be known at around 16:00 on January 3, 2018.

“A” means the Saemaul Bank Account in the name of the Defendant in the name of the person whose name is unknown upon the proposal (C indictment is written as “E” but according to the evidence submitted, the document appears to be an obvious clerical error in the “C”.

The connected Internet banking ID and password were notified, and Kwikset service provided an OTP card in a way to dry up the OTP card.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transactions of Saemaul Treasurys;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the Social Service Order and Article 62-2(1) of the same Act is not only detrimental to the security and trust of financial transactions, but also the leased bank account may be abused as a means of other crimes.

The bank account lent by the Defendant was actually used for the phishing crime.

Furthermore, in 2013, the defendant has a record of criminal punishment such as fraud, violation of the Act on Specialized in Credit Financial Business, and the suspension of the execution of imprisonment due to larceny, and around 2011, the juvenile protective disposition was issued due to the violation of the Electronic Financial Transactions Act.

On the other hand, the defendant recognized the crime of this case and opposed to it.