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(영문) 의정부지방법원 2018.05.18 2018고단838

전자금융거래법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above 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, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, around 12:30 on February 5, 2018, the Defendant: (a) accepted a proposal from a person in an infinite name to “be paid KRW 3 million on three days on the day of lending an individual’s account,” and (b) opened a physical card and a password connected to a new bank account (D) under the name of the Defendant to a person infinite name.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. A report on internal investigation ( CCTV data at the time of withdrawal of damage amount);

1. Application of Acts and subordinate statutes to data submitted;

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 concerning the selection of punishment, the selection of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is to deliver a e-mail card and password connected to the account under the name of the defendant to a person who is not his name. Since the act of transferring, keeping, and delivering the access media is being conducted as a means of preventing various crimes, such as scaming, which currently has a great social harm, and illegal sports discussions, the nature of the crime is poor. In fact, e-mail card issued by the crime of this case was used as a means of scaming crime, and the investigation into the crime of this case was commenced, and the defendant recognized and reflected the crime of this case, and the defendant was the first offender, etc., and the defendant is favorable circumstances such as the defendant's first offender.