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(영문) 서울남부지방법원 2018.08.17 2018고단2299
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

Criminal facts

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the Defendant, on March 2018, received letters from a person without the name of a policeman on March 1, 2018, and lent an access medium to the account to acquire the cash of KRW 3 million in return for lending it, and the same year.

3. On 14. The Kwikset service article, who sent his name-free winners before the office of office located in the Dong-gu, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-si, sent the physical card and password of the one bank account (D) opened in the name of the defendant to the article of Kwikset Service.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of a smart bank by checking the results of a transfer of smart banking;

1. Application of the reply statutes to requests for financial transaction information;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the access media leased by the Defendant for the reason of sentencing of the order of provisional payment is not suitable for the actual crime of phishing fraud, but it is against the Defendant at the time of committing the crime. However, the Defendant is a primary offender with no record of punishment prior to the instant case, and it appears that the Defendant did not acquire the consideration for lending the access media, etc., shall be determined by taking into account the various circumstances revealed in the process of the instant records and trial.

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