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(영문) 의정부지방법원 2018.05.11 2018고단858
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, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on November 2017, the Defendant was using mobile phone text messages from a person in an influence to his name. "The Defendant is a liquor distributor, and borrowed an account for saving."

It is intended to lend KRW 700,000 per day of lending the account.

On November 14, 2017, at around 13:00, at the front of the defendant's office located in Skwikset service article, sent one physical card in the name of the defendant under the name of the defendant to the non-standing person through the Kwikset service article, and notified the account number and password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Response to financial transaction information;

1. Application of Acts and subordinate statutes to report on investigation (report on the execution of a warrant of search and inspection);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (in the case of this case, a sentencing guideline is not set) is that the Defendant lent the physical card and password, which is an access medium, in return for payment. Such an access medium lending act may not only impair the reliability of the safety performance of electronic financial transactions, but also be abused for other crimes, such as “scam, etc.” Therefore, it is necessary to strictly punish the act.

However, there is no record of criminal punishment that the defendant recognizes his mistake and reflects his depth, or that he is punished for the same kind of crime or exceeds the fine, and there is no benefit that the defendant acquired from the crime of this case.

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