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(영문) 인천지방법원 2017.10.23 2017고단6888
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 borrow or lend any access medium while demanding, demanding or promising to give instructions on transactions in electronic financial transactions or use or manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on June 1, 2017, the Defendant received a written message from a person in the name of the Defendant to pay KRW 2,400,000 if he/she lends the e-mail card connected to the Defendant’s account from the person in the name of the Defendant for three days. On June 2, 2017, around 14:30, the Defendant sent one copy of the e-mail card, which is linked to the e-mail bank account D and the national bank account E, under the name of the Defendant, to the address designated by the person in the name of the Defendant.

Accordingly, the Defendant lent access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the statutes on replies to requests for submission of financial transaction data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fines for punishment (the following factors shall be taken into account in sentencing):

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

In fact, each access medium that the defendant lent to the criminal organization was used for phishing, and the victim was born in the process is also disadvantageous to the defendant.

However, in light of the good behavior and the environment, there is no possibility that the defendant will repeat the crime.

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