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(영문) 의정부지방법원 2017.12.04 2017고단4415
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, around 10:00 on April 26, 2017, the Defendant accepted the proposal that “The Defendant would offer KRW 600,000 per each account for the lending of the passbook,” from a person who has no name to the name of the passbook. On the same day, at the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, the Defendant transferred each passbook of the post office account (C) and the post office card in the name of Kwikset Service’s account (D) to the Defendant’s house located in Suwon-si, Suwon-si.

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 in the police statement protocol against E;

1. Application of each Act or subordinate statute, such as each written petition, each simplified statement, each written confirmation of transfer, each evidence of warrant reply, details of transactions, details of accounts A, details of transactions, etc.;

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 transferred the instant access media was actually used to commit the phishing fraud, and the victims occurred.

If the defendant did not lend the access media, no mistake would have caused the occurrence of the victim of the financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, it is against the defendant's confession of crime, and the criminal records of the same kind or the suspension of execution.

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