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(영문) 인천지방법원 2017.07.13 2017고단3460
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

At the end of November, 2016, the Defendant received a proposal from a person whose name is unknown to suggest 5% of the amount deposited at the face of the check as a commission from the person who borrowed the check card, and issued the check card under the name of the Defendant to the Kwikwikset Service Articles whose name is unknown, and transferred the access media by notifying the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the detailed statement of deposit transactions, written confirmation of results of electronic financial transfer, and reply statutes to requests for provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for committing the crime, such as Bosing, etc.

Nevertheless, the Defendant committed the instant crime for the benefit of snow, and as a result, the access media that the Defendant transferred was used to commit the phishing crime, thereby causing the victim.

The crime of this case led to a gain of KRW 1 million.

However, the defendant recognized his mistake and reflected his mistake.

Although a repeated crime is committed during the period of repeated crime, it is not the previous one.

There is no reason to consider the circumstances of the crime.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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