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(영문) 서울중앙지방법원 2016.07.14 2016고단3169
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions or transfer any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On February 22, 2016, the Defendant offered a proposal to offer KRW 2,00,000 per head of Tong, if he/she lends a passbook to be used on a sports earth site by telephone from a person without the name of the Defendant. On February 22, 2016, the Defendant transferred the access media by sending one bank account (C) opened in the name of the Defendant in front of the Gangnam-gu Seoul Gangnam-gu office, Gangnam-gu, Seoul, by using Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiries about liquidity transactions, and application of replies to requests for details of financial transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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, is committed by 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 an exception to the case where it is used for the phishing crime.

However, even if the defendant reflects the defendant's mistake in depth, returned 9.5 million won that he withdraws, and the injured person does not want the punishment of the defendant by agreement with the victim, and the defendant seems to transfer the access media without knowing that it is actually used for the scaming crime, and it is only one time a fine has been imposed for another crime, and the fact that the defendant does not have the same criminal record is considered as favorable to the defendant.

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