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(영문) 대구지방법원 2017.12.21 2017고단5087
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, on November 9, 2016, the Defendant granted KRW 2 million per page 1, 200,000 and five million per 2,000,000 won per page 1 of the lease of the passbook by a mobile phone text message from a person without his/her name.

“On November 14, 2016, around 13:00, at the time of receiving contact and consenting to such contact, the Defendant sent the physical card connected to the Daegu Bank Account (Account Number: D) under the name of the Defendant in front of the C real estate located in Daegu-gu C real estate located in B through Kwikset Service and lent a medium of access to electronic financial transactions, promising to notify the password of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for written confirmation of transfer transactions;

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. It is necessary to strictly punish a crime of lending an access medium, such as the main sentence of sentencing under Article 62(1) of the Criminal Act, in that it impairs the stability and reliability of electronic financial transactions and is highly likely to be abused for any other serious crime.

In fact, the access media leased by the defendant was used for the phishing crime, and the damage of the victim was not completely recovered.

In addition, in light of the fact that the defendant was punished for a fine of one million won due to a violation of the Electronic Financial Transactions Act in 2009, the defendant committed another crime.

However, the defendant's mistake is seriously against himself, and it is repeated that the defendant will not repeat again in the future, and the defendant will commit this case.

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