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 demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.
Nevertheless, the defendant, on September 4, 2017, has many taxes since he/she used a corporation account as a mobile phone from a person who was in the name of the defendant on his/her own.
It shall be used for 15 days on the face of lending the personal account, and 3 million won shall be paid.
“The following month when receiving text messages, and promising to contact and receive consideration.”
9.7. 13:00 at the Defendant’s residence located in Daegu-gu, Daegu-gu, Kwikset Company used Kwikset’s service to deliver a physical card connected to the Defendant’s name Kakao Bank Account (C) to the Defendant’s account.
As a result, the Defendant promised to pay for the access media for electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Written complaints and statements of D;
1. Application of Acts and subordinate statutes to inquiries about details of financial transactions and replies to seizure warrants;
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. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are against the mistake.
There is no profit acquired by the defendant.
There is no criminal history.
0 Unfavorable circumstances: The instant crime is highly likely to be abused as a means of other crimes, as well as impairing the safety and trust of financial transactions, so serious punishment is required.
A victim was actually employed in the phishing crime by the Defendant’s cream card.
0 Other circumstances such as the defendant's age, sex, family relationship, records of crime, circumstances of this case, and the future progress.