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(영문) 창원지방법원 2017.06.16 2017고단1154
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall transfer or take over any access medium, such as the account number, etc. of financial institutions used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of such transactions with users and financial institutions unless otherwise expressly provided for in any other Act

Nevertheless, on December 20, 2016, the Defendant received text messages stating that “The Defendant would give KRW 3 million on the face of a week while operating a sports debate.” On December 20, 2016, the Defendant transferred to Kwikset service articles an access medium by delivering one physical card and a password connected to the company’s name bank account (Account Number:B) to Kwikset service articles, who sent the name in front of the window of Chang-si, Chang-si, Seoul, around December 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to C;

1. Investigation reports (execution of a warrant of search, seizure, and verification applicable to a financial account);

1. Application of the details of transfer of money from damage and receipts, and the details of account A transaction Acts and subordinate statutes;

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. In a situation where the so-called phishing crime, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is committed, transferring without permission the access medium used for electronic financial transactions to a person whose identity is not known for the purpose of obtaining unjust profits, is not good.

The defendant's transfer of access media has been actually used for a number of phishing crimes, and the damage seems to have not been completely recovered.

However, the defendant is against the wrongness.

The defendant does not know that his own access media would be used for other crimes such as licensing.

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