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(영문) 광주지방법원 2018.01.26 2017고단5240
전자금융거래법위반
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising compensation.

Nevertheless, around July 28, 2017, the Defendant sent a physical card connected to the new bank account (number : E) to the name in the “D” operated by the Defendant in the U.S. Si of North Korea on the following grounds: (a) the Defendant received the proposal from the person in an influence of his/her name, and sent the said new bank account number and password to the person influence; and (b) sent the said new bank account number and password to the person influence of his/her name.

Accordingly, the defendant promised to receive the price, and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the prosecution investigation report (the Kakao Stockholm conversation content) on bank response data in the police statement report against F;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (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 - The defendant promised to receive the consideration and delivered the access media in consideration of the fact that the access media is used for the phishing crime, there are some circumstances to consider the circumstances leading to the instant case, such as not showing the fact that the defendant was used for the crime, but it does not seem to have leased the access media in recognition that the defendant was used for the crime. The fact that there was no receipt of the commitment fee, and all the conditions of the sentencing as shown in the record, including the defendant’s age, sex, environment, and the circumstances before and after the instant crime, etc., as ordered in the Disposition.

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