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(영문) 대구지방법원 안동지원 2018.08.17 2018고단283
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, on January 23, 2018, the defendant is a logistics company "C" from a person who has no name.

It is necessary to lend the check card to be used for the company's entry and withdrawal for the purpose of paying 4 million won.

“On the 24th day of the same month, the Defendant received the phone with the content of the phone and accepted it to receive 4 million won in front of the Defendant’s residence located in D Apartment No. 8, 509 at the time of permanent residence on the 24th day of the same month, and one physical card connected to the Daegu Bank Account (Serial: E) under the name of the Defendant was sent to the above person without the name, using Kwikset Services.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. The application of replies, specifications of transfer, and replys related to the provision of financial transaction information to statutes;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution can be used as another means of crime for the transfer and lending of access media for electronic financial transactions. In this case, even if the access media leased by the Defendant was used for the phishing crime, damage was inflicted.

While recognizing that his access media will be used for illegal purposes, the Defendant expected to pay and lent the access media.

However, the defendant recognizes his mistake and is against his will.

The defendant seems to have no profit from the crime of this case.

Defendant has no record of punishment.

In addition, the defendant's age, sex, environment, health status, motive, means and result of the crime, and the circumstances after the crime are considered as a whole.

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