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(영문) 인천지방법원 2018.01.19 2017고단8442
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium used for electronic financial transactions in return for a consideration therefor.

On September 8, 2017, the Defendant issued a national bank account (B) through a bank account in the name of the Defendant to a person who is not aware of his name, and lent a accessible medium with a promise to notify the password of the password, from the person who was not aware of his/her name at the time of 67-gil, Dongdong-si, dong-si, dong-si 67-gil, U.S. A. 12:00 to a person who received a proposal from the person who was unable to know his/her name at the time of lending the passbook, e.g., 2 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (electronic summary form);

1. Application of Acts and subordinate statutes to a certificate of deposit confirmation, inquiry of customer information, and a statement of transaction;

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. The criminal defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act with the reason of sentencing of the provisional payment order can not only disrupt the credibility and safety of electronic financial transactions, but also be abused as a means of crime using access media. Therefore, there is a need for punishment.

The Defendant's access media seems to have actually been used for the phishing crime, thereby causing damage.

The criminal act of Bosing is a serious crime with a systematic, planned, and in a short period of time, the criminal act of the defendant who provides the means of the crime has a social justification for the strict punishment.

However, the defendant shows the form of recognizing and opposing the crime in this court.

The Defendant has no record of criminal punishment before committing the instant crime, and otherwise has a criminal tendency.

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