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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단2265
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, the defendant, on June 27, 2018, will offer an account from a person who is not in the name of the defendant, to use the account for three days after lending the account.

“On July 10, 2018, in response to the receipt of the text message “,” sent a new bank account (C) with the Defendant’s name in front of the building B in Japan-dong, Gyeonggi-gu, Japan-si, and the Korean bank account (D) via Kwikset Service, and leased a medium of access to electronic financial transactions by promising to make a payment using Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Official receipts:

1. Details of a text message closure and a Kakao conversation;

1. Investigation Report (Attachment of Account Transactions) - Application of Account Transactions Acts and subordinate statutes;

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 an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the act of lending an access medium like this case’s reason for sentencing under Article 334(1) of the Act on Criminal Procedure of the Provisional Payment Order would impair the credibility of the safety and performance of electronic financial transactions and make it possible to be used as a means of another crime, and the actual fact that the access medium provided by the Defendant appears to have been used for the commission of the phishing crime.

On the other hand, the defendant recognized the crime of this case as committing the crime of this case and reflected his mistake, and it is the first offender who has no specific criminal record until now, and it gains particular benefits from the crime of this case.

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