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(영문) 창원지방법원 2018.06.15 2018고단929
전자금융거래법위반
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

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no one shall borrow or lend any access medium with the knowledge that it will be used for a crime or for receiving, demanding or promising any consideration.

On December 20, 2017, the Defendant: (a) received a proposal from a person under his/her name, stating that “in order to obtain tax reduction or exemption, the Defendant would offer three million won if he/she borrowed a debit card for three days; and (b) subsequently, on December 20, 2017, the Defendant used a debit card (B) connected to the bank account in the name of the Defendant at a post office office located in Kimhae-si, Kimhae-si, and lent the above account’s password to the above person under his/her name, and (c) lent the access media for the purpose of using it for the purpose of committing a crime, by notifying the above person under his/her name and promising to use the password of the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. A Cuthenticity and a written statement;

1. Application of Acts and subordinate statutes on a transaction statement and a transfer statement;

1. Relevant legal provisions and Articles 49 (4) 2, 6 (3) 2 (a lending a medium of access with promising to make a price) of the Act on Electronic Financial Transactions concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 (a lending a medium of access with knowledge that it will be used for a crime) of the Act on Electronic Financial Transactions (a lending a medium of access with knowledge that it will be used for a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The act of transferring a medium of access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order requires strict measures as well as harm the reliability of the safety performance of electronic financial transactions, as well as harm the credibility of the safety performance of other crimes.

The access media that the Defendant transferred was actually used to commit the phishing fraud.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The defendant.

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