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(영문) 광주지방법원 해남지원 2018.08.09 2018고단117

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment 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 other Acts, no person shall transfer, take over, lend, etc. any access medium in using and managing the access medium.

On June 2015, the Defendant requires a passbook to manage earth and sand revenue through a personal telephone from a person whose name is unknown.

The head of the Tong and the card shall be paid 100,000 won per a week and shall be returned after three months.

“Along with a proposal to transfer a passbook under the name of the Defendant, the head of the Tong and the head of the Tong, and the head of the Tong and the head of the Tong, respectively, transferred the access media to a person whose name is unknown by sending a post office account (D) opened in the name of the Defendant through a taxi whose number is unknown in front of the B adjacent to the south Do-gun, the head of the Dong and the head of the Tong, and the head of the Tong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in F and G preparation;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the act of transferring to another person the access media, such as the passbook and cash card, which is an essential means for electronic financial transactions, such as the instant crime, is the act of highly likely to be misused for various crimes.

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

The Defendant again committed the instant crime even though he received a severe warning of illegality and risk of transfer of media access by fine due to the same crime.

It is necessary to strictly punish the defendant corresponding to this.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

There is no record that the defendant has been punished for a fine exceeding the fine due to the same crime.

The Defendant directly benefits from the instant crime.