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(영문) 창원지방법원 2017.06.16 2017고단1277
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

Except as otherwise provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

On February 20, 2017, the Defendant promised to receive three million won from his name in front of the long-distance of Kim Jong-si, Kim Jong-si, to leave the passbook and the physical card, which are an access medium connected to the company bank account (B), to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to notify details of transactions and data on financial transaction status by account;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the so-called phishing crime, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is committed, transferring without permission the access medium used for electronic financial transactions to a person whose identity is not known for the purpose of obtaining unjust profits, is not good.

The defendant's transfer of access media was actually used for several phishing crimes, and the damage seems to have not been recovered most.

However, the defendant is against the wrongness.

The defendant seems to have transferred a long-term access medium to the offender, without being aware that his own access medium was used for other crimes such as Bosing.

The transferred approach media is only one case, and there is no same criminal record.

The fact that the disabled in the fifth degree of disability can be considered as a favorable circumstance for the disabled and the health of the disabled.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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