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(영문) 창원지방법원 2018.04.11 2018고단399

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

Except as otherwise provided for in other Acts, no person shall transfer or take over, or store, deliver or distribute any access medium.

Nevertheless, on November 7, 2017, when the Defendant informed a bank account and a password related to the bank account from a non-name loan business operator in the name of the Defendant, he/she received a proposal from the Defendant to create a transaction performance and to open a Maspbook. On November 8, 2017, the Defendant verbally informed the password of the Maspbook connected to the new bank account under the name of the Defendant. On November 8, 2017, the Defendant transferred the access media by sending a copy of the Masp Card connected to the above new bank account using the Maspkset service to the non-name-specific.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to be accompanied by a photograph of a gold-pacting head at the location of the new bank);

1. Details of each financial transaction, search and seizure inspection warrant and reply;

1. Application of Acts and subordinate statutes concerning SNS (Kakao Stockholm);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, in response to a proposal that he/she would artificially create a false transaction record and increase credit rating, transferred without permission to a person who is not known in compliance with the proposal to allow him/her to obtain a loan in an unlawful manner, does not mean that he/she has a very secret approach to electronic financial transactions.

In fact, since the access media leased by the defendant was used as a means of the phishing crime against many people, the result of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

The defendant also has the same media as the singishing.