logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.18 2018고단115
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

On November 2017, the defendant would pay three million won per one if he/she lends his/her account as he/she is an employee of a liquor company, which is necessary to get tax reduction or exemption.

Upon receipt of a proposal to the purport, around November 20, 2017, Kwikset Company sent two physical cards connected respectively to the accounts of the Saemaul Treasury (D) and KB National Bank (E) in the front of Busan Gangseo-gu, Busan, Kwikset Company’s name, using Kwikset Company’s services, and informed the password by telephone.

As a result, the Defendant lent the access media to electronic financial transactions for the purpose of using it in return for compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the details of transactions with the National Agricultural Cooperative, a written statement, or G account, and a warrant of seizure and reply data;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions (the lending of access media with promise of compensation) concerning the facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 (the lending of access media with knowledge that it will be used for a crime) of the Act on Electronic Financial Transactions;

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 transferred by the Defendant was actually used for the commission of the phishing fraud, and the victims occurred.

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

There is no past history of criminal punishment.

In addition, all of the sentencing conditions, such as the number of access media that the defendant transferred, the background of the crime of this case, the age and conduct of the defendant, and the circumstances after the crime, are taken into account.

arrow