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(영문) 대구지방법원 안동지원 2017.11.28 2017고단265
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

Criminal facts

No person shall borrow or lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.

In this regard, the Defendant would pay KRW 3 million from a person who was infinite name in the name of the deceased on January 2017.

“On receipt of text messages,” and accepted them from January 13, 2017 to April 14, 2017, to receive KRW 3 million in front of the Defendant’s residence located in Ansan-si B, and to deliver the Defendant’s corporate bank account (number C) via Kwikset a chapter connected to the Defendant’s corporate bank account (number C).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions of deposits and collection, and application of statutes on financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected and Article 6 (3) 2 of the same Act (Selection of imprisonment);

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing): The defendant is recognized as committing a crime and is against the law.

Receiving access media as a consideration for the lending of such access media

It seems that the defendant did not receive KRW 3 million, and there seems to be no benefit that the defendant acquired due to the crime of this case.

There is no criminal history against the defendant.

The crime of this case is not only a violation of the safety and reliability of electronic financial transactions, but also a crime that can be abused as a means of crime, such as telephone financial company, phishing, etc., because the crime of this case lends a access medium for electronic financial transactions.

The access media lent by the defendant was actually used in the second crime, causing damages to many people.

In addition, the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime.

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