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(영문) 부산지방법원 동부지원 2018.09.05 2018고단874
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 or acquire any access medium in using or managing any access medium under the Electronic Financial Transactions Act.

Nevertheless, on December 24, 2017, the Defendant received a proposal from a person who was in the name of the Defendant to “to give 10% of the amount of receipt and disbursement when sending a e-mail card,” and accepted it. On the same day, around 13:00, around 13:00, the Defendant sent one e-mail card connected to the bank account (C) of the Defendant’s name name to the above e-mail and sent it to the above e-mail, and attempted to inform the Defendant of the password’s password’s password’s secret number.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Application of a copy of deposit details and a copy of the provision of 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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: In the event of lending the media access to electronic financial transactions, it is necessary to strictly punish the lending of such media, as well as undermining the credibility of the safety and performance of the electronic financial transactions. Thus, in fact, the Defendant appears to have used the media access to the electronic financial transactions lent for the lending fraud, the Defendant’s favorable circumstances that have been suspended of indictment for the same kind of crime: The Defendant led to the confession of the facts charged; the Defendant is the first offender who has no record of criminal punishment; the Defendant’s age, sex, environment (economic and health conditions); the means and consequence of the crime; the circumstances after the crime, etc., shall be determined as ordered by taking into account all the various sentencing conditions specified in the trial process of this case, including the following factors.

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