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(영문) 창원지방법원 2018.06.01 2018고단924
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

On November 2017, the Defendant would lend 90,000 won to a bank account in the name of the Defendant as he/she intends to use a liquor company for tax reduction or exemption.

“On the proposal, at the window B of Changwon-si, a defendant’s residence, the nameless person was sent one copy of the physical card connected to the National Bank Account (Account Number: C) in the name of the defendant, and the password was sent by telephone.

As a result, the defendant promised to receive the price for the electronic financial transaction and used the access media to the name in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

Since the access media leased by the defendant was actually used as the means of the phishing crime, the result of the crime is not easy.

However, the defendant reflects his fault in depth.

Defendant also had no knowledge that his access media would be used for serious crimes such as Bosing, and had access to the media previously held by the criminal.

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