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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1682
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall use or manage any access medium in lending or lending any access medium while giving and receiving, demanding or promising to give and receive compensation.

However, from July 2016 to August 2016, the Defendant would pay 120,000 won to a person who was unable to know his name in the “Clive room” located in the Southern-gu Office B of the Republic of Korea at the port from July 2016 to a person who was unable to know the name.

“After receiving and consenting to the proposal, the head of the Tong, physical card, and password connected to the National Bank Account (D) in the name of the defendant at that time was sent to a person whose name is unknown.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant law and Article 49 (4) 2 and 6 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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: All kinds of sentencing factors indicated in the records, such as Defendant’s character, character, environment, and circumstances before and after the crime, other than each of the above circumstances, shall be considered in light of the following circumstances: The access media leased by the Defendant was used for the phishing crime; the fact that the Defendant did not obtain any particular consideration due to the crime; the recognition of the crime was against the mistake; there was no criminal punishment history; and the Defendant was the age of majority of majority;

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