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(영문) 대구지방법원 안동지원 2019.03.15 2018고단758
전자금융거래법위반
Text

A defendant 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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 2018, the Defendant promised to receive KRW 1,200,000 to receive KRW 1,200,000,000 from a person who was named as Skwikseter on the first place of October 2018, after obtaining a proposal that “The Defendant shall be a liquor company, which requires a physical card, due to tax issues, and will be paid KRW 1,200,000,000,000,000,000 won.” On October 6, 2018, the Defendant provided Kwikseter service article in the name-unkseter Party B with a physical card connected to the D bank account (E) in the

As a result, the defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. A certificate of transfer or a written transaction of financial information;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a warrant of seizure, search, inspection and reply);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The transfer and lending of the means of access for electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act can be used as a means of other crimes, and in this case, the means of access leased by the Defendant was used as a singishing crime, thereby causing damage.

However, the defendant shows his attitude to recognize and reflect his mistake.

There is no profit actually acquired by the defendant from the crime of this case.

It seems that a considerable portion of the amount of damage caused by the phishing crime has not been withdrawn from the defendant's account.

There is no criminal record for the defendant.

In addition, the defendant's age, character and behavior, environment, and means of access are leased.

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