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(영문) 대전지방법원 홍성지원 2017.11.21 2017고단471
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 one shall lend any access medium while receiving, demanding or promising the payment thereof in using or managing access medium used in electronic financial transactions.

Nevertheless, around August 28, 2016, the Defendant received KRW 200,000 from a person who was aware of the name in the Internet job-seeking site in return for lending the account, and sent the official approval certificate, security card number, and password of the Nonghyup Bank account (Account Number B) in the name of the Defendant to the above person and lent the access media to the above person by e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes, such as account transactions;

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 light of the fact that the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) actually used to commit the phishing fraud, which has become a serious social issue, the Defendant’s access media that was given monetary compensation and lent to a person without his name is becoming a serious social issue, there is a need to punish the Defendant strictly.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant was the first offender who has no record of criminal punishment; and (c) the Defendant’s age, sexual conduct; (b) the process and motive leading to the instant crime; and (c) the circumstances before and after the instant crime; and (d) the conditions for sentencing specified in the records and arguments, such as the circumstances before

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