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(영문) 창원지방법원 2017.07.14 2017고단1328

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

No person shall transfer or acquire any access medium for electronic financial transactions.

On January 2017, the Defendant: (a) received a proposal from a person without his/her name in the vicinity of the Suwon-gu Office in Suwon-gu, Busan; (b) received a payment of KRW 600,000 won per account when sending an account necessary for tax reduction or exemption; (c) promised to receive KRW 600,000 on the condition of transferring the account; and (d) delivered Kwikset-based access media, such as physical cards, passwords, and passwords, connected to the Agricultural Cooperative Account (C) under the name of the Defendant, using Kwikset-based service.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report (including attached documents) on the interrogation of the suspect against the accused;

1. Statement made by the police against D or E;

1. Investigation report (Suspension of telephone numbers using crimes and response to CCTV-related data);

1. Application of the Acts and subordinate statutes on search and seizure warrant, reply materials, confirmation of results of electronic financial transfer, and data on financial transaction information;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. In a situation where the sentencing of Article 334(1) of the Criminal Procedure Act, which has caused serious harm to our society due to the reason for sentencing of Article 334(1) of the Criminal Procedure Act, is broken down, transferring without permission a medium of access used for electronic financial transactions to a person whose identity is not known for the purpose of obtaining unjust profits, is not good.

The access media transferred by the defendant was actually used for the phishing crime, and the damage was not completely recovered.

However, the defendant reflects his fault in depth.

The defendant will be used for other crimes such as singishing by his own access media.