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(영문) 인천지방법원 2017.05.11 2017고단1203
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

Except as otherwise provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On December 2, 2016, the Defendant received a proposal from the Defendant’s office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that he would lend a e-mail card from a person whose name is unknown to the Defendant, and issued a passbook and a e-mail card to the Kwikwikset Service Articles whose name is unknown to the Defendant’s account in the name of the Defendant’s bank (C) and transferred a e-mail and an access medium to notify the password.

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 to a copy of a certificate of deposit verification, reply (A details of transactions in a national bank account in the name of the national bank), investigation report (Attachment of suspect A data submitted);

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

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

1. The act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media transferred by the Defendant was used for the phishing crime, thereby causing the victim.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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