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(영문) 수원지방법원 2018.04.25 2018고단721
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using and managing the access medium for electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, at around 16:00 on September 28, 2017, the Defendant promised to receive KRW 1.5 million in return for the transfer of liquor tax reduction accounts from a person in the name in the name in Busan Dong-gu B, Busan, to receive KRW 1.5 million in return for the transfer of liquor tax reduction accounts from a person in the name in the name in the name of the Defendant, and transferred the personal identification number to the name in the name in the name of the Defendant through Kwikset Service Articles, while notifying the name in the name in the name of Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of customer information inquiries;

1. Application of Acts and subordinate statutes governing Handphone images;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. The reason for sentencing under Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 200,000 won or less (the sentencing decision] is serious: damage caused by the Bosing phishing crime; thus, there is a need to strictize the act of lending the approaching phishing at the time of the Bosing phishing crime; while considering the doubt that the transfer of the approaching phishing medium for the purpose of punishing money, it seems that the transfer of the approaching phishing medium for the purpose of easily recognizing the illegality of such act is advantageous: The confession and reflect is deemed to have no record of the same crime; the payment of the account in this case was suspended and the amount of damage was returned to the victim; and the sentencing sentence was determined in consideration of the Defendant’s age, occupation, environment, circumstances surrounding the instant crime, details, etc. after the instant crime, as stipulated in Article 51 of the Criminal Act.

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