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(영문) 인천지방법원 2017.06.29 2017고단3811

전자금융거래법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, the Defendant received a proposal from a person who is not his/her name, stating that he/she would give a physical card in the face of two million won. On March 22, 2017, the Defendant transferred the electronic financial transaction access media to Kwikset service article by packaging one physical card connected to the Defendant’s name’s bank account (D) in newspapers and boxes, and informing Kwikset service article of his/her password number by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

However, the sentence of a fine shall be imposed by comprehensively taking into account the conditions and circumstances of the sentencing, including the conditions and circumstances of the transfer of the access medium, which served as the motive for the crime.