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(영문) 창원지방법원 2017.08.10 2017고단1978
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 transfer or acquire any access medium for electronic financial transactions.

On February 6, 2017, at around 14:00, the Defendant received a proposal from a person in secret name to “on the face of sending a e-mail card, he will do so.” On the condition that he transfers the e-mail card, he promised to receive an A-do game machine on the condition that he would transfer the account, and then, the Defendant used the access media, such as the e-mail card and password connected to the Saemaul Savings Depository (C) in the name of the Defendant, who was using the Defendant, issued the above e-mail, using Kwikset’s service.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on remittance receipts;

1. Relevant legal provisions concerning criminal facts and Articles 49 subparag. 1 and 6 subparag. 3 subparag. 1 of the Act on Electronic Financial Transactions for the Selection of Punishment (Selection of a fine in consideration of the following: (a) although the media that the Defendant transferred was used for the commission of a phishing crime; (b) the actual amount of damage therefrom was not significant; (c) the Defendant’s confession showed an attitude that his mistake was divided in depth; (d) there was no benefit accrued from the instant crime; (e) there was no benefit accrued from the Defendant’s confession; (e) the Defendant has yet to ageed; and (e) there was no history of criminal punishment)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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