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(영문) 수원지방법원 2018.12.06 2018고정1770
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, or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

The Defendant, in the case where the account linked to the Defendant’s Cze Card was used for committing the phishing fraud, was investigated by suspicion of violation of the Electronic Financial Transactions Act and received a disposition of no suspicion on November 6, 2014 (Evidence insufficient). As such, the Defendant was aware that the access medium was used for the crime of the phishing fraud when transmitting its access medium to another person.

Nevertheless, on February 5, 2018, the Defendant would make a loan by creating a head of a Maspbook when sending a e-mail card from a person who misrepresented himself/herself as an employee of a lending company.

"" He heard horses, and at the post office located on the scopic scopic scopic scopic scopic (B) of the Defendant’s name, one physical card, which is an access medium to (B) the Defendant’s name, sent the account number and password around February 8, 2018.

Accordingly, the defendant, knowing that he will be used in the crime, sent the access media to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage;

1. A investigation report (the submission of details of transactions by entering into and departing from the Republic of Korea by A) shall be governed by statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding 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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