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(영문) 창원지방법원 2016.05.11 2016고단556
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall issue a transaction instruction in electronic financial transactions or lend any access medium to secure the authenticity and accuracy of the users and the details of such transaction with the promise of price.

Nevertheless, on August 15, 2015, when the Defendant lent the check card that is linked to the account from a person who has no name to the account, the Defendant promised to receive 1.5 million won as a rental fee, and lent the check card that is linked to the name in C to the Saemaul Treasury Account (D) in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Application of Acts and subordinate statutes on transaction details;

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

1. It is necessary to strictly punish the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution in that it enables so-called so-called phishing crimes with serious social harm.

However, the sentencing conditions indicated in the records of this case, such as the fact that the account of the defendant was suspended and the amount of damage was not withdrawn due to the suspension of payment, and the defendant was the first offender, and the defendant's age, sexual conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

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