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(영문) 창원지방법원 통영지원 2017.05.31 2017고단432

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on November 10, 2016, the Defendant lent access media connected to the account from a person who was in the name of the deceased, and received KRW 1,500,000 per month in return for lending access media at the Defendant’s residence located in Gyeongnam-nam, and issued a post office bank check (Account Number: C) and password to the officer of Kwikset service who sent his name in return for lending access media.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of specifications);

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

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

1. Although the practical reason for sentencing under Article 334(1) of the Criminal Procedure Act did not occur, the Defendant’s leased media was used for the phishing criminal act; on the other hand, the Defendant’s primary crime without any criminal history; and on the other hand, the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the sentence is determined as ordered.