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(영문) 대구지방법원 안동지원 2018.11.16 2018고단535
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

No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, on May 15, 2018, the Defendant would pay KRW 700,000 to a person with no knowledge of his name on May 15, 2018, where “The Defendant is an individual business operator who lends a physical card to be used for the purpose of tax reduction or exemption.”

“On the same day, “” accepted a liaison, and sent it to a person whose name is unknown by inserting one physical card connected to the Korean bank account (number B) of Defendant name on the same day to the box and leaving it to the “D” coffee shop located at the same time, and having the person whose name cannot be known, informed of the above coffee shop.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

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.

Although the defendant clearly recognizes the illegality and consequences of the act, it is highly likely that the crime of this case may be committed.

However, the defendant recognizes his mistake as a first offense, and is against himself.

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

The most of the amounts of phishing damage was not withdrawn from the account in the name of the defendant.

In addition, the defendant's age, sex, environment, motive and background of crime, means and result of crime, and the approach to the leased media.

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