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(영문) 부산지방법원 동부지원 2017.11.08 2017고단1989
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 one shall lend or lend any access medium, etc. knowing that it is used for a crime or intended to be used for such crime in giving instructions in electronic financial transactions or using or managing any means or information (referring to any access medium) used to secure the authenticity and accuracy of users and the details of such transactions.

The Defendant offered his national bank account to a borrower on October 25, 2016, and used the account for singing crimes. On November 17, 2016, the Defendant had experience of being suspected of fraud at the Busan Southern Police Station around November 17, 2016.

Therefore, the Defendant sent to a person who requested access media one copy of the physical card related to the bank account (Account Number B) of his own name to a person who could not know his name through Kwikset service article, even though he knew that it would be used to commit a crime if he lent to another person. On March 10, 2017, the Defendant sent a copy of the physical card to a person who could not know through Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to detailed inquiries into details of financial network inquiries, response to each communication data, response to financial transaction information, request for cooperation in investigation (provision of CCTV video data), response to each CCTV video recording data, investigation report (report attached to data on account transactions submitted by a suspect), and report on investigation (report attached to data on remittance details of KRW 1 million on March 13, 2017);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 3 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 sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case, on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, lends a medium of access highly likely to be used for the crime to the victim. The crime of this case is not good, and the above access medium was actually used for the criminal act of Bosing, and the amount of damage was withdrawn.

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