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(영문) 대전지방법원 서산지원 2018.05.31 2018고단303
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 expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, on January 21, 2018, the Defendant received a proposal from a name-free person who introduces himself as “B Company C head” to “B office head,” and lent the access media by sending one copy of the post office card in the name of the Defendant through Kwikset service in front of the Defendant’s home located in Jwikset at Jin-si around 18:00 of the same month, and then sending one copy of the password card in the name of the Defendant through Kwikset service in front of the Defendant’s home located in D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes regarding transfer receipts and inquiries about details of financial transactions;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires the strict act of lending an access medium, which is the beginning of the criminal act of phishing fraud, and the defendant's lending media is not easy to take account of the following circumstances: although the access media actually used for the criminal act of phishing fraud, it is against the defendant's recognition of the criminal act; the actual gain acquired by the criminal act of this case seems to be nonexistent; the primary crime is the defendant's age, sexual behavior, career, home environment, motive for the criminal act; and the circumstances after the criminal act, etc., which are the sentencing conditions specified in the argument of this case, including the defendant's age, sexual behavior, home environment, motive for the criminal act.

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