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(영문) 창원지방법원 2016.10.12 2016고단2159
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2016, Defendant A sent each physical card of the Defendant’s bank account (C), a new bank account (D), and a new bank account (E), and a community credit cooperative (C) account to the designated place by the above Buddhist winners, at the Chang-si bus terminal located in Chang-si, Changwon-si, Kim Chang-si, that “an account in the name of another person is required to reduce liquor tax. If the bank borrowed the account, it would be required to pay KRW 1 million per the account in return for the lending of the account.” The Defendant sent each physical card of the above accounts to the designated place by the above Buddhist winners, and notified the password of each of the above accounts by telephone.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions to others.

2. On April 28, 2016, Defendant B, at the time of Kimhae-si, Kim Jong-si, 101, sent to Kwikset Service Articles who sent the check card of the post office account (G) in the name of the Defendant, and sent it to Kwikset Service Articles who sent the check card in the name of the Defendant, and notified the password of the above account by telephone.

Accordingly, the Defendant promised to pay for the lending of the means of electronic financial transactions to another person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes on details of passbook transactions, details of passbook transactions, and details of transactions;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of the execution of sentence requires strict punishment in that it enables serious harm to society to commit the so-called phishing crime, and in fact, the account of the Defendants was used for the phishing crime.

However, the Defendants acquired benefits from the instant crime.

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