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(영문) 대구지방법원 2018.01.30 2017고단6324
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, if the defendant lends the passbook to his/her name for three months due to the problem of tax of liquor company, he/she shall receive a proposal to grant three million won per head of the Tong to him/her, and give his/her consent, and then send a physical card connected to the new bank account (Account Number B) in the name of the defendant at around 1:00 on August 16, 2017 at around 11:00 on August 16, 2017

Using the home line, it was delivered to the person who was named.

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. Statement made by the police against C;

1. Application of Acts and subordinate statutes to transfer;

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. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, in light of the fact that the access media leased by the defendant was used for the phishing crime, the responsibility for the crime is not less complicated.

However, the defendant has been punished by the suspended sentence of imprisonment and a fine. However, there is a history that the defendant has been punished by the suspension of the execution of imprisonment with prison labor. The defendant has been punished by the suspension of the execution of imprisonment with prison labor. The defendant has been punished by the suspension of the execution of imprisonment.

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