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(영문) 의정부지방법원 2017.07.17 2017고단2272
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on March 2016, the Defendant borrowed the head of the Tong in relation to the tax calculation from a person who is in a name-free will use 7 days on the face of the head of the Tong and offer 1,200,000 won.

“After accepting the proposal,” the first day of March 2016, 2016, the first day of the Government of the Republic of Korea transferred the physical card and password of the Saemaul Treasury Account (C) to the Kwikwikset Service Articles in his name.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the Acts and subordinate statutes to enter and withdraw receipts;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (the same shall not apply to the violation of the Electronic Financial Transactions Act)

The Defendant’s access media in this case was actually used for Bosing phishing crimes (Evidence Nos. 7, 12, 41). If the Defendant did not lend the access media, it would have not caused a decent person to be the victim of a financial fraud.

Therefore, the defendant will be sentenced to imprisonment.

However, the execution of punishment shall be postponed in consideration of the fact that the defendant led to the crime, and the access media leased is related to one account, etc., but the execution of punishment is earlier.

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