Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.
Nevertheless, the Defendant sent a e-mail card connected to the bank account (Account No. D) of the name in Gangseo-gu Seoul Metropolitan Government and sent the e-mail card to the name in a way of lending 2.4 million won to the account and lending the access medium to the account and acquiring cash at the account. On April 5, 2018, the Defendant sent the e-mail card to the name in a way of sending the e-mail card to the name in a door-to-door by packaging it at the C business office located in Gangseo-gu Seoul Metropolitan Government, around April 5, 2018.
As a result, the Defendant promised to pay for the access media used in electronic financial transactions.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Data to close a victim E mobile banking network;
1. Report on investigation (execution of a warrant of search and inspection);
1. Application of the Acts and subordinate statutes on replies;
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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not suitable for the crime of phishing, the punishment as ordered is determined by taking account of the following circumstances as revealed in the process of the instant records and trials, the Defendant’s mistake was committed, and there was no particular record of punishment other than twice a fine, and there was no record of the same type of crime, and the fact that there was no record of the same type of crime, including the Defendant’s age, health status, environment, and the overall situation after the crime.