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(영문) 대전지방법원 천안지원 2018.04.10 2017고단2847
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No person shall lend any access medium to a financial institution with the knowledge that such medium will be used for a crime.

Nevertheless, on July 29, 2017, the Defendant listened to the purport that he would lend 5 million won if he sent a physical card connected to an account that will pay interest, by telephone from a person who assumes the name of the lending company employee. The above fact that the above person was aware that he was used for the phishing crime even though he was used for the phishing of the account connected to the cam card, the Defendant sent one copy of the cam card connected to the cam cooperative (B) in the name of the Defendant at the 8 business office, Namcheon-gu, Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, Do, 118-dong, Dongcheon-gu, Gacheon-dong, Seoul Special Metropolitan City, the 31st day of the same month.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a certificate of transfer transaction, customer information, a statement of transaction, and a door-to-door receipt;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The crime of transfer or lending of access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not only a means to facilitate other crimes, but also the nature of the crime is not weak in light of the fact that the access media provided by the defendant was actually used for the crime; the defendant was punished for the same crime around 2015; the defendant was led to confession and reflect against the crime of this case; on the other hand, the defendant is deemed to have no benefit derived from the crime of this case; the defendant is deemed to have no criminal history exceeding the fine; and other circumstances revealed in the records and theories of this case, such as the fact that there is no criminal history exceeding the fine.

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