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(영문) 창원지방법원 2018.10.19 2018고단2127

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend or borrow any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, at around 10:40 on March 27, 2018, the Defendant: (a) sent mobile text messages to the effect that “the Defendant would pay KRW 2 million for the total of 3 days on the face of the lease of one account” from a person who assumes the name of the team leader of the B Company C; (b) notified the Defendant of the Defendant’s bank D number on the Kakao Stockholm; and (c) notified the Defendant of the Defendant’s account number on the 11:0 on the 28th day of Kimhae-si, Kim Jong-si, Kim Jong-si, 93 only 4 in the 193-ho-si, Kimhae-si, Kim Jong-si, 1 in the way of sending the above bank account to Kwikset-si, and then notified the Defendant of the password of the above bank account in the Kakao Kao Stockholm.

As a result, the Defendant promised to pay for, lent a e-mail card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (including attached documents) by the police for E;

1. Certificates of deposit transaction records and replies to personal information of customers;

1. Application of the Kakao Stockholm message legislation

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

1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

It is also the result of the crime because the access media leased by the defendant was used as the means of phishing crime.