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(영문) 의정부지방법원 2017.06.23 2017고단1785

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on February 7, 2017, the Defendant would provide three million won per account when lending the head of the Tong from a person who has no name to the name of the Defendant.

“After accepting the proposal,” around February 14, 2017, from the date of the receipt of the proposal, to the Kwikseter’s name-free Kwikseter’s account (C) and the National Bank’s account (D), each of which was linked to the name-free Kwikseter’s account in his name and its passwords.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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. In light of the fact that the Defendant’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) expectations monetary consideration and actually used to commit the phishing fraud, there is a need for strict punishment for the Defendant in light of the fact that the access media that the Defendant lent to a person with no name is a serious social problem.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the first offender who has no record of criminal punishment, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as set forth in the Disposition.