beta
(영문) 대전지방법원 논산지원 2018.06.05 2018고단124

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, around November 2017, the Defendant issued a proposal to the effect that, through a mobile phone text message, the Defendant “to use the e-mail card for five days per week and to give KRW 3 million to the e-mail,” from his name in the hospital room, and then sent the e-mail card to Kwikset service articles who sent the name in the above hospital room D around December 4, 201, by delivering one copy of the e-mail card connected to the Defendant’s post office account in the name of the Defendant, and around that time, the Defendant sent the F e-mail number and the e-mail card password connected to the F e-mail to the above person.

As a result, the Defendant promised to pay for, lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of reply statutes to requests for the provision of financial transaction information;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant easily committed the instant crime, and the victim of the phishing was found to have committed the instant crime.

However, the punishment shall be determined by taking into account the fact that the defendant is guilty and is the first offender.