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(영문) 수원지방법원 여주지원 2018.10.12 2018고단858
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 lend any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, on April 11, 2018, the Defendant borrowed an account for the purpose of tax reduction or exemption from a person who is a liquor company.

A postal service provider shall lend a e-mail card for three days to KRW 800,000 per day.

On April 12, 2018, upon receipt of the text message “,” the Kakaox known the password to the name Buddhist person. On April 12, 2018, around 13:12, around 17, 2018, B “C” used the e-mail card linked to the Defendant’s name bank account (Account Number D) to convey the e-mail to the name Buddhist person, and lent the access media with a promise to pay.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and F;

1. A detailed statement of deposit;

1. Application of Acts and subordinate statutes concerning financial transactions in the principal;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The Defendant’s access media on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution shall be considered to have been used for the commission of the phishing crime, and considering the favorable circumstances, such as: (a) the time limit and reflects; and (b) the fact that there is no benefit gained by the Defendant from the instant crime.

In this context, all of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family, support relationship, etc., are determined as above.

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