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(영문) 부산지방법원 동부지원 2018.11.30 2018고단1994
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

Nevertheless, on May 24, 2018, the Defendant agreed to provide a loan of KRW 30 million to a person without his/her name, with a promise from the person without his/her name to “to send an OTP device, if you send the OTP device, after accumulating the transaction performance repeatedly,” and consented to the loan. On June 11, 2018, the Defendant used an OTP card connected to the 333rd-ro, Busan, Suwon-dong post office, Suwon-dong, Busan, U.S., 725, U.S. account under the name of the Defendant at the 333rd-ro, Suwon-dong, Busan, U.S. post office, to put it out to the person without his/her name and notify the account number and password.

Accordingly, the defendant, knowing that he will be used in the crime, lent a accessible medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiry into liquidity transaction details, application of Acts and subordinate statutes related to liaison between the suspect and the suspect and the suspect Bosing business operator;

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) 3 of the same Act, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: In the event that an electronic financial transaction access medium is leased, it may impair the credibility of the safety and performance of the electronic financial transaction; thus, there is a need to strictly punish the leased medium; circumstances favorable to the fact that the Defendant appears to have actually been used for the commission of the phishing crime: the Defendant shows an attitude against the Defendant; the Defendant has no criminal history; the Defendant appears to have no criminal history; the Defendant appears to have no profit accrued; and other factors of sentencing as indicated in the instant trial process, such as the Defendant’s age, sex, environment, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as the sentence as per the Disposition.

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