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(영문) 대구지방법원 2018.01.18 2017고단6303
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on October 2016, the Defendant received a proposal that 200,000 won will be granted to his name in Daegu Dong-gu High Bus Terminal from his name-free person through B, a junior patrolman, and consented to it, and then, the Defendant sent the physical card to his name-free person through the Daegu Bank Account (Account Number: C) and the bank account under the name of the Defendant and the bank account, and lent the password to his name-free person through the high-speed bus bus account, and promised to notify the password of the price in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (for reporting frauds by telephone finance);

1. Application of Acts and subordinate statutes on account transfer receipts;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, in light of the fact that the access media leased by the defendant was used for the phishing crime, the responsibility for the crime is not less complicated.

However, the defendant's mistake is seriously against himself/herself, and it is repeated that he/she will not repeat again in the future, and the defendant did not gain substantial economic benefits from the crime of this case, and the damage amount of the Bosing crime occurred in relation to the access media lent by the defendant is relatively small (20 million won), and the defendant was punished once by a fine in addition to juvenile protective disposition.

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