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(영문) 대구지방법원 안동지원 2018.02.06 2017고단377
전자금융거래법위반
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

Criminal facts

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on March 2017, the Defendant calls to a business entity that became aware of through the Internet search on the date in the absence of the name, and pays 600,000 won to a person in the name of the head of the Tong in the month of lending the head of the Tong.

“Around March 30, 2017, after hearing horses, accepted the horses, and received KRW 6 million from the vicinity of the Yongsan-dong commercial market in Ansan-si, and delivered a physical card connected to the post office account under the name of the Defendant (number B: number) and a physical card connected to the national bank account (number C: number) to the above person using Kwikset’s service.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on personal information about details of financial transactions and provision of financial information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing, family relations, etc.) are recognized and reflected by the Defendant.

It exceeds a fine or has no criminal record of the same kind of crime.

The crime of this case is not only a violation of the safety and reliability of electronic financial transactions, but also a crime that can be abused as a means of crime, such as telephone financial company, phishing, etc., because the crime of this case lends a access medium for electronic financial transactions.

The access media lent by the defendant was actually used in the second crime and was damaged.

The Defendant, on the Internet, contacted the name-free persons first through the search of “the head of a Tong lending”, and new head of the e-mail card.

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