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(영문) 서울중앙지방법원 2018.01.12 2017고단7080

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 8, 2015, the Defendant received KRW 1,50,000,00 from a person in a name in the vicinity of the exit of 1,50,000 from Gangnam-gu, Gangnam-gu, Seoul, and transferred the physical card and password connected to the account (B) in the name of the Defendant to the person in a name in the name of the Defendant.

Accordingly, the defendant promised to receive the price, and lent the physical card and password, which is a access medium of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by C;

1. Application of Acts and subordinate statutes that describe account transactions details;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses have no history of criminal punishment for the past ten years, confessioning a crime, the frequency of leasing an access medium was limited to one time, and there was no benefit that the Defendant actually acquired, and the Defendant was not aware that the access medium would be used as a means of the crime of phishing fraud, taking into account the favorable circumstances, and taking into account all the circumstances shown in the arguments in the instant case, such as the Defendant’s age, sexual conduct, motive for the crime, and the circumstances after the crime, etc.