(영문) 대구지방법원 안동지원 2019.01.25 2018고단659

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자간(%)

(영문) 대구지방법원 안동지원 2019.01.25 2018고단659

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On September 3, 2018, the Defendant: (a) promised to receive KRW 3 million from a person who was not the victim of his/her name for five (5) days; (b) promised to receive KRW 3 million from a person who was not the victim of his/her name; (c) around 17:30 on the same day, the Defendant provided one copy of the physical card connected to the account in the name of the Defendant, the means of access, which is the means of access, to the person who was not the victim of his/her name.

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (the submission of text messages to advertise the purchase of a passbook), internal investigation report (the phone number, etc. used by the person who lent the check card, etc. to E), and investigation report (the attachment of the results of case comprehensive search by case where it is confirmed that the suspect A account was used for committing Bophishing);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

The defendant seems to have no profit from the crime of this case.

The amount of damage caused by the crime of Bosing was not withdrawn from the Defendant’s account.

There is no criminal record against the defendant.

In addition, the defendant's age, character and behavior, environment, motive, background, means and result of the crime are loaned.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제62조 제1항

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