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(영문) 인천지방법원 2017.04.20 2017고단1583
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When 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.

On December 20, 2016, at around 20:30, the Defendant: (a) received a proposal from a public official who is not aware of his/her name to lend his/her physical card from a person who is not aware of his/her name; (b) issued a new bank account (D) in the name of the Defendant to Kwikset service article through his/her employees who are not aware of his/her name; and (c) transferred his/her access media to Kwikset service article by notifying his/her password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Order of Provisional Payment is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also a soil where the Bosing crime continues to take place in society.

The access media that the defendant transferred to the criminal organization was used as the instrument of the phishing, causing certain property damage to the victim.

However, the sentencing conditions and circumstances, including the fact that the defendant is the primary offender, the character and conduct and environment of the defendant, the transfer of the access media that served as the motive for the crime, the amount of property damage, etc., shall be sentenced to a fine

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