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(영문) 창원지방법원 2018.11.30 2018고단2696
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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant, on May 20, 2018, transferred the passbook, check card, andopt card to be used for the reduction of or exemption from taxes from a person who was in a name name, shall immediately give KRW 250,000 and KRW 1,200,000 per month after one week.

" Upon receipt of the proposal, around May 21, 2018, through the Kimhae-si Inter-city bus transportation housing, the head of the Tong, the check card, and theopt card in the name of the defendant (Account Number B) was sent to the account in the name of the defendant.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report (including attached documents) on the interrogation of the suspect against the accused;

1. A C’s statement (including attached documents);

1. Application of Acts and subordinate statutes on warrant of seizure and reply;

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 a variety of singing crimes, which have caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, continue to take place, it is not good that the Defendant’s transfer of the access media used for electronic financial transactions to a person who is unable to identify for the purpose of obtaining illegal profits without permission is a crime.

Since the access media transferred by the defendant was actually used as the means of the phishing crime, the result of the crime is not less than that of the crime.

However, the defendant reflects his fault in depth.

The defendant seems to have transferred the existing access media to the offender without knowing that his own access media was used for serious crimes such as Bosing, etc.

The transferred approach media is one case.

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