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(영문) 서울남부지방법원 2016.08.26 2016고단2712
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium in the course of receiving, demanding or promising to receive any consideration in managing the access medium of electronic financial transactions.

On September 2015, the Defendant would lend 250,000 won per own loan account from a person who has an account to engage in export business from his/her name in the street street prior to the location of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu.

“On the proposal, Kwikset Co., Ltd., through Kwikset’s service, issued a physical card, password, etc. connected to the foreign exchange bank account (B) under the name of the Defendant.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Response to financial information;

1. Application of Acts and subordinate statutes to report internal investigation (referring to CCTV taken to withdraw damage);

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the crime of lending the approaching media of this case is an essential means to achieve the purpose of the singishing fraud crime, and the degree of the crime

In other words, the defendant's access media can not be said to be used in the phishing fraud crime, and the damage caused by fraud. The damage amount is not much, and the defendant has the power to be punished several times including the suspension of the execution of imprisonment with labor.

However, the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of punishment for the same kind of crime is considered as favorable circumstances, and all other records and arguments of this case, such as the defendant's age, sex, motive, means and consequence of the crime, circumstances after the crime, etc., are shown.

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