logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.07.20 2018고단1619
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium in using or managing any access medium to electronic financial transactions.

On January 19, 2018, the Defendant received a proposal from the Nong-dong, Kimhae-si, that “one 3 million won is granted to a person who lends an account that does not use,” from a person whose name is not known by telephone,” and accepted the proposal, and delivered the physical card and the password, which is related to the Saemaul Treasury Account (Account Number B) opened in the name of the Defendant, using Kwikset.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each investigation report (as a result of the execution of a warrant of search and inspection of seizure (based on the application of a warrant of search and inspection of financial accounts), CCTV investigations at the point of withdrawal, text messages submitted to suspects, and Kakao

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. In a situation where a variety of singing crimes, which have caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, continue to take place, it is not good that the Defendant’s transfer of the access media used for electronic financial transactions to a person who is unable to identify for the purpose of obtaining illegal profits without permission is a crime.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the outcome of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

The defendant is now not aware that his access media was used for serious crimes such as Bosing.

arrow