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(영문) 인천지방법원 2017.04.27 2017고단1209
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

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, the Defendant, on November 14, 2016, lent a e-mail card from a person who has no name to the name of the Defendant, to KRW 2 million per month of the week when the e-mail card was lent.

“Around November 16, 2016, in response to the receipt of text messages to the purport, the message was sent, using Kwikset’s services, and then transferred an access medium for electronic financial transactions by means of sending one physical card, which is an access medium connected to the Defendant’s corporate bank account (C) on the front of the department store in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, to his name, using Kwikset’s services and informing the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes notifying details of entry and departure transactions and data on financial transaction status;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Order of Provisional Payment is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also a soil where the Bosing crime continues to take place in society.

The access media that the defendant transferred to the criminal organization was used as the instrument of the phishing, causing certain property damage.

However, the sentence of a fine shall be imposed by taking into account the following factors: (a) details of and whether to receive the consideration for the transfer of an approaching medium, and the conditions of sentencing including the character, conduct and illness

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