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(영문) 대전지방법원 서산지원 2018.08.16 2018고단406
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

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 10, 2018, the Defendant received a proposal from a nameless person who introduced himself/herself as “employee of the Agricultural Cooperative-related Loan Enterprise” as “employee of the Nong-si,” and lent the access media in return for a promise to issue a personal identification number to the name-free person and to offer a loan repeatedly as if he/she would have been paid in the face of the physical card.” In response, the Defendant sent the name-free person’s door-to-door news card 1 ( Connection Account Number: C) and one (Connection Account Number:C) of the D Bank Postal Card 1 (Link Number) and one (Link Number: E) to notify the name-free person of the personal identification number, and to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Account details (B Bank);

1. Investigation report (B bank additional transaction statement, and account details of D bank account details) applying Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two or more accessible media leased by the Defendant for the reason of sentencing. In light of the circumstances where the access media actually used to commit the phishing fraud, the fact that the Defendant recognized and reflected all the mistakes, the fact that the Defendant did not intend to obtain actual profits from the instant crime, and the fact that there was no record of punishment for the same crime, the following circumstances are considered in favor of each other: the Defendant’s age, sexual behavior, family relation, living environment, means and result of the crime, and the circumstances after the crime.

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