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(영문) 인천지방법원 2017.05.15 2017고단2133
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 provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On December 8, 2016, the Defendant received a proposal from a person whose name is unknown, that he/she would offer a e-mail card at KRW 2 million if he/she lends the e-mail card from a person whose name is unknown, and that he/she issued a e-mail card to a national bank account (C) in the name of the Defendant, and transferred the e-mail to the public bank account in the name of the Defendant, and notified the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a receipt for remittance of money from damage and an inquiry of financial transaction information;

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.

The access media that the defendant transferred to the criminal organization was used as the instrument of the phishing, causing certain property damage.

However, the sentencing conditions, including the transfer process and receipt of consideration, the character and conduct of the defendant and the criminal records, shall be imposed by a fine in full.

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