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(영문) 인천지방법원 2017.08.24 2017고단5536
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

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, on November 2014, the Defendant received a proposal to the effect that “to open and lend a passbook and to pay a fixed amount of money for sale” from a person in the name of the deceased, and accordingly, in response to the proposal, around November 26, 2014, the Defendant transferred a passbook, a check card, an access medium connected to the KB National Bank Account (Account Number B) in the name of the Defendant to a person in the name of the deceased in the name of the defendant, and transferred a medium of access to electronic financial transactions by means of informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Application form for new transactions;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

However, the sentence of a fine shall be imposed by integrating the offenders' sentencing factors, including the good sex of the defendant, criminal records, the background of lending access media, etc.

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