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(영문) 대구지방법원 안동지원 2018.09.07 2018고단343
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

No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, on April 9, 2018, the defendant is a company whose principal business is "(advertisement) logistics/credit card/rental, and import/storage/delivery from home and abroad, from the person in whose name the defendant is not named."

The cash card of an individual is leased.

Pursuant to whether it is used or not, 3 million won per head shall be paid in advance.

“On the same day,” accepted the text message and received KRW 3 million from the clothes store in the operation of Defendant B’s permanent residence on the same day, and sent the e-mail card connected to the corporate bank account (number C): Kwikset’s service.

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. Application of the statutes on search and seizure inspection warrant and reply;

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, the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as another means of crime for the transfer and lending of access media for electronic financial transactions. In this case, even if the access media leased by the Defendant was used for the phishing crime, damage was inflicted.

However, the defendant recognizes his mistake and is against his will.

The defendant seems to have no profit from the crime of this case.

The amount of damage was returned to the victim of the phishing crime.

A defendant shall not have any criminal record for any crime other than punishment imposed on him/her for such crime, once.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and result of the crime, the number of the leased access media, and the circumstances after the crime are shown in the trial process.

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