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(영문) 서울서부지방법원 2017.05.30 2017고단770
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium while giving, receiving, demanding or promising any consideration in order to issue a transaction instruction in electronic financial transactions or use and manage any access medium used to secure the authenticity and accuracy of users and transaction details, and shall lend any access medium with the knowledge that it will be used for a crime or for a crime.

On April 2014, the Defendant transferred a physical card to the Defendant’s account in order to obtain a loan from the Defendant and was investigated by the police on the fact that the access media was used to commit the fraud of the licensing method, and that if the Defendant transferred the physical card, the access media can be used to commit the fraud of the licensing method.

Nevertheless, on July 2016, the Defendant promised that “on the face of sending the check card, the Defendant would have the Defendant get loans by increasing the details of the deposit and withdrawal transaction,” and even though being aware that the above access media can be used for the phishing crime, issued one physical card connected to the national bank account under the name of the Defendant in front of Eunpyeong-gu Seoul Metropolitan Government at around that time, to the above name bearer.

As a result, the Defendant promised to receive intangible expected profits that will be able to get a future loan in consideration of credit rating through the details of deposit and withdrawal transactions, and lent an access medium with knowledge that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on warrant answer materials;

1. Article 49 (4) 2 of the relevant Act and Article 49 (3) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act is also the year 2014.

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