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(영문) 대구지방법원 2018.01.11 2017고단6251
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, on September 21, 2017, the Defendant would provide 80,000 won per day from a person who is in a false name to the account for tax issues by means of telephone.

"I send a cash card to a door-to-door." On the same day, at C located in Daegu Jung-gu, Daegu-gu, around 16:00, he sent the physical card connected to the Defendant's bank account (Account Number: D) to his name in return for the notification of the password to Kwikset through Kwikset's service and lent a accessible medium in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transfer;

1. Application of Acts and subordinate statutes to report internal investigation;

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 concerning the selection of punishment, the selection of imprisonment;

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, in light of the fact that the access media leased by the defendant was used for the phishing crime, the responsibility for the crime is not less complicated.

However, it is true that the defendant's mistake is seriously against himself, and that the defendant will not repeat again in the future, and that the defendant did not gain substantial economic benefits from the crime of this case, and that the amount of damage of the Bosing crime occurred in relation to the access media lent by the defendant is relatively small (the victim E).

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