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(영문) 의정부지방법원 2017.06.14 2017고단1795
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 used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, the Defendant, on December 8, 2016, tried to use the name in order to evade taxes from the company.

The Cze Card shall be used for three days on the face of the lending, and two million won shall be paid.

After accepting the proposal “,” it was received, on December 8, 2016, that was transferred to the company’s bank account (B) and its passwords in front of the Gakset Elementary School located at No. 454, the same time as the Government of Gyeonggi-do, on December 8, 2016.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of each Act or subordinate statute of a notice of official receipts and financial transaction status;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media was actually used for phishing purposes, and the victims were generated, and the amount of damage is presumed to be approximately KRW 6 million in total (Evidence No. 24 pages). If the Defendant did not lend the access media, it would not occur that a good-faith person would not be the victim of financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the defendant.

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