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(영문) 수원지방법원 2018.04.26 2018고단1469

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

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on January 3, 2018, the Defendant agreed to receive KRW 3,00,000 from a person who is unable to know his/her name in front of the 935-dong apartment building on the street, and agreed to receive KRW 15,000,000 from a person who is unable to know his/her name, and opened a physical card, which is an access medium for Kwikset’s deposit account (Account Number B) in the name of the Defendant, using Kwikset’s service, and informed his/her password by telephone.

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 against C;

1. A detailed statement of deposit;

1. Application of Acts and subordinate statutes to report internal investigation (D telephone conversations), internal investigation report (E-mail in the Large Savings Bank and the circumstances of the case);

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and subparagraph 10 of Article 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was actually used for the phishing crime, which led to the occurrence of the third victim.

The Defendant’s crime of this case led to the disturbance of the financial transaction order.

However, the Defendant recognized the instant crime and is against the Defendant.

With the knowledge that the injured party is a singishing, the injured party may immediately request the financial institution to suspend payment, and the injured party may be able to return the amount of damage.

The Defendant had no record of punishment before committing the instant crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.