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(영문) 의정부지방법원 2017.07.07 2017고단2387

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 October 4, 2016, the Defendant accepted the proposal that “I will use the passbook as the passbook for the payment of alcoholic beverages if I want to use it as the passbook for the payment of alcoholic beverages if I want to pay KRW 600,000,000 for the payment of KRW 10%,” and then, on October 7, 2016, I transferred the check card and password of the community credit cooperative account in his name to Kwikset service articles in front of the D restaurant located in the Namyang-si, Namyang-si. < Amended by Presidential Decree No. 27779, Oct. 7, 2016>

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 with regard to F;

1. Application of statutes on response to financial data, such as the source to confirm the accident of the case and the enterprise bank;

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 following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant has no record of being punished for the same kind of crime or of being punished exceeding the fine; and (c) the Defendant’s age, sexual conduct; (b) the developments and motive leading to the instant crime; and (c) the circumstances before and after the instant crime; and (d) the sentencing conditions specified in the records and arguments, such as