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(영문) 창원지방법원 2018.08.08 2018고단1625
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, except as otherwise provided for in other Acts.

Nevertheless, on August 3, 2017, the Defendant: (a) obtained a proposal from a person who was aware of his/her name through a mobile phone in the vicinity of the Yongsan-dong, Yongsan-gu, the Defendant: (b) sent the number of 500,000 won per week to another person; and (c) sent the number of each physical card to another person via Kwikset-si’s account (Account Number B) and a new bank account (Account Number C); and (d) notified each person of the password card by a mobile phone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the receipt for payment of damages, the detailed statement of account transactions in the Korean bank, and the detailed statement of account transactions in the new bank account;

1. Article 49 (4) 1 and Article 6 (3) 1 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. In a situation where a variety of singing crimes, which have caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, continue to take place, it is not good that the Defendant’s transfer of the access media used for electronic financial transactions to a person who is unable to identify for the purpose of obtaining illegal profits without permission is a crime.

Since the access media transferred by the defendant is considered to have been used as a means of the phishing crime, the result of the crime is not easy.

However, the defendant reflects his fault in depth.

The defendant also has been assigned to him.

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