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(영문) 부산지방법원 서부지원 2018.07.06 2018고단771
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No person shall lend an access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on October 24, 2016, the Defendant sent a e-mail card in need of a formal inquiry to enable “10 million won loan” through the Stockholmping of mobile phones from a person who is not on his/her name, around October 24, 2016.

In other words, upon receipt of a proposal to the purport, the Defendant lent a physical card (B) connected to the Defendant’s name bank account in the name of the Defendant to the unclaimed male who sent the above name unclaimed male prior to the subway station No. 1 in Busan Jin-gu, Busan, on October 25, 2017, even though he/she was aware that it will be used for the purpose of using the access media to the above name unclaimed male.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement protocol;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of a certificate of confirmation of payment to victims);

1. The sentence shall be imposed in consideration of the following facts: (a) the reason for sentencing under Article 49 of the pertinent Act and Article 49 subparag. 2 of the Act on Electronic Financial Transactions and Articles 6 subparag. 3 of the Act on Electronic Financial Transactions for the Selection of Criminal Crimes; (b) the accused has a history of suspending indictment and a single fine for the same kind of crime; and (c) the account in this case has been actually used for the Bosing phishing crime and has not been restored to the victim’s damage.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.

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