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(영문) 창원지방법원 통영지원 2017.04.26 2016고단2044
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 lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium for electronic financial transactions.

Nevertheless, on May 8, 2016, the Defendant, from a person who was misrepresented as an employee of a liquor company at a minor place on May 8, 2016, would use the physical card for three days, and in return, KRW 1.3 million per day from the person who was misrepresented as an employee of a liquor company.

“On the 10th day of the same month after receiving the word “,” and consenting thereto, at the ancient bus terminal located on the 10th day of the same month in ancient city, the debit card connected to the Defendant’s name bank account (Account Number: B) was delivered to the person in a non-name, and the card password was notified.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Ascertainment of details of deposit transactions, specifications of transactions, and detailed inquiries about details of transactions;

1. Application of replies to requests for financial transaction information;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used in the phishing crime; (b) the fact that the Defendant was at the time of committing the crime and is divided; and (c) the Defendant’s age, sex, criminal conduct, environment, criminal records, motive and circumstance of the crime; and (d) various sentencing conditions under Article 51 of the Criminal Act, including the circumstances after committing the crime, etc.

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