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(영문) 대구지방법원 김천지원 2018.08.16 2018고단342

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

In return for lending the card linked to the account, the Defendant would receive KRW 900,000 per month from the person in distress, and around October 24, 2017, the Defendant, using Kwikset Service, sent three copies of the physical card, each connected to Kwikset Account (C), Daegu Bank Account (D), and Agricultural Bank Account (E) to the person in distress.

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. Application of Acts and subordinate statutes to financial transaction statements and investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for lending access media for electronic financial transactions with the reason for sentencing of the order of provisional payment is that it may impair the safety performance of electronic financial transactions and may be used as a means of another crime. The actual Defendant’s access media was used for the phishing crime, which actually occurred.

The punishment shall be determined as per the order in consideration of the favorable circumstances, such as the fact that the defendant is seriously against the defendant and the first offender.