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(영문) 대전지방법원 2017.09.06 2017고단1613
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 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 used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, upon receiving any consideration therefor, requesting or promising to do so.

On November 2016, 2016, the Defendant: (a) received a proposal from a person in the name of the first police officer to “to lend the head of the Tong to 2.5 million won per head of the Tong”; and (b) lent the access media to the Defendant’s house located in Daejeon-gu Daejeon-gu, Daejeon-gu, on November 4, 2016, using Kwikwikset service article with a camera card and password written in the name of the Defendant’s bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The crimes, such as the main reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, are not only disrupting the credibility of the safety performance of electronic financial transactions, but also requires strict punishment as crimes that can be used for crimes such as Bosing crimes, which may cause damage to many and unspecified persons. The fact that the actual fraudulent victim was actually committed using the instant account is confession and rebuttald under the unfavorable circumstances, and the first offender is the first offender, considering the favorable circumstances.

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