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(영문) 서울남부지방법원 2018.08.29 2018고단1737
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

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, on January 2018, the Defendant lent the access medium to the account with letters written from a person who was in the name of a police officer on the early 2018, with the intent to acquire cash of KRW 500,000 per day. On the same day, the Defendant delivered the check card with the password of the new bank account (C) opened in the name of the Defendant at the front of Guro-gu Seoul Metropolitan Government.

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. The statement of victim;

1. Application of Acts and subordinate statutes on transaction details (the 11th page of evidence records);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, the Cze Card lent by the Defendant was used to commit the phishing fraud, resulting in damage.

A favorable condition: The defendant has no history of criminal punishment.

The amount of damage caused by the above phishing fraud was repaid, and the defendant seems to have no profit acquired by the crime of this case.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions

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