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(영문) 광주지방법원 2017.08.25 2017고단1313
전자금융거래법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium, such as physical cards, necessary for electronic financial transactions, at the request or promise of the payment thereof.

Nevertheless, on November 22, 2016, the Defendant received a proposal from a person infinite name who misrepresented the staff of a liquor company through mobile phone text messages, etc. from the Defendant’s home located in Gwangju-gu, which read, “The Defendant would make up to KRW 600,000 for the daily use of the e-mail card per page 1,000 won by lending the e-mail card, and up to KRW 2,000,000,000,000 for the use of the e-mail card,” and then sent two e-mail cards connected to the agricultural bank account (Account Number D) and Gwangju-si bank account under the name of the Defendant, and notified the password.

As a result, the Defendant promised to receive the price for the electronic financial transaction access media, and sent it to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on sending text of account transactions in the police statement protocol to F;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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

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 lent access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with a view to gaining pecuniary profits, and that the access media were used for committing the phishing fraud, the Defendant’s liability for the crime is light.

subsection (b) of this section.

However, there are extenuating circumstances, such as the fact that the instant access media were abused for the crime of fraud, and that there was no record of punishment, and that there was cooperation so that the victims of the crime of fraud can receive refund.

In addition, the age, sex, environment, and age of the defendant;

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