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(영문) 대구지방법원 안동지원 2018.08.31 2018고단268
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on January 10, 2018, the defendant needs a physical card to be used in the sports soil by telephone from a person without his/her name.

If a person lends to use the check card for a party, he/she shall provide 800,000 won in cash per week.

For three weeks, he/she shall write and return a mail card for three weeks.

“C restaurant” in the front of the “C restaurant” in Daegu-gu, Daegu-gu, on January 19, 2018, through Kwikwikset Service Articles, describing the physical card and password, which are an access medium necessary for the electronic financial transactions in the name of the Defendant, was cut back to the name in the middle of the “C restaurant.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction specification lists and warrant response data;

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, the selection of imprisonment with prison labor;

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

1. Transfer and lending of access media for electronic financial transactions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act can be used as a means of other crimes. In this case, even in this case, the access media leased by the Defendant was used for the phishing crime, thereby causing damage.

The defendant was aware of the illegality of the act in the past due to the experience of investigating the violation of the Electronic Financial Transactions Act, but there is a high possibility of criticism against the crime in this case.

However, the defendant recognizes his mistake and is against his will.

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

The defendant is in the same kind.

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