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(영문) 수원지방법원 성남지원 2019.09.04 2019고단1043
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 4, 2018, the Defendant received a proposal that “I will use less than 10 million won per day per account and pay 10% of the amount deposited in the account as commission,” from a person who was named and named on December 4, 2018, for the purpose of tax reduction or exemption.”

On the same day, the Defendant respondeded to the above proposal in Gangnam-gu Seoul, Kwikset Service, sent Kwikset Card and Account password connected to the Defendant’s new bank D account under the name of the Defendant, e-mail card and account password connected to the bank E account, e-mail card and account password connected to the C bank F account, e-mail card and account password connected to the national bank G account, and e-mail card and account password connected to the national bank G account.

Accordingly, the defendant committed an act of lending means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to H by the police;

1. A written statement of I;

1. Reports on internal investigation and reports on investigation;

1. Application of Acts and subordinate statutes, such as a report on damage by telephone financial fraud, details of each account transaction, certificate of transfer transaction, application for subscription, details of the transfer of funds, etc.;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant crime committed at a disadvantage with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a lending of the means of access for electronic financial transactions while promising payment. Such an act is not only prejudicial to the security and reliability of electronic financial transactions, but also is also widely abused as a means of other crimes.

The means of access leased by the Defendant as the instant crime was used for the telephone financial fraud (phishing fraud) crime, and the victims suffered considerable damages.

. the favorable circumstances;

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