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(영문) 창원지방법원 2017.06.30 2017고단1524
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 lend any access medium while receiving, demanding or promising to receive compensation.

On November 14, 2016, the Defendant is an employee of liquor company, and there is a need for an account for tax reduction and exemption from the name in the “C convenience store” located in Kimhae-si B.

The term “to give KRW 3 to 50,000 per day on the face of lending the eck card” was proposed and promised to receive KRW 3 to 50,00 per day on condition of lending the account, and then, the eck card connected to the Defendant’s Saemaul Treasury Account (D) was issued to the above person in the name of the above person using the password and the eck service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a transaction statement and a seizure warrant and reply statute;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the so-called phishing crime, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is committed, transferring without permission the access medium used for electronic financial transactions to a person whose identity is not known for the purpose of obtaining unjust profits, is not good.

The access media transferred by the defendant was actually used for the phishing crime, and the damage was not completely recovered.

However, the defendant reflects his fault in depth.

The defendant seems to have transferred a long-term access medium to the offender, without being aware that his own access medium was used for other crimes such as Bosing.

The transferred approach media is only one case, and criminal punishment has been imposed.

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