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(영문) 창원지방법원 2018.04.11 2018고단145
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

No person shall transfer or take over any access medium, or borrow or lease any access medium, or store, deliver or distribute any access medium in return for a demand or promise to receive any access medium.

Nevertheless, the Defendant would offer money to a person whose name is unknown on July 28, 2017 by lending a e-mail card connected to the bank account through a mobile phone text message.

Around August 2, 2017, the above name was sent to the address of the door-to-door dispatch company designated by a person who is not aware of the above name, and the password of the above physical card was sent to the address of the door-to-door dispatch company designated by the person who was unable to know the above name, in return for the lending of one e-mail card to KRW 700,000 to receive KRW 2,100,000 from the 70,000 to the 70,000,000 won.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on bank response data;

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 criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of acquiring illegal profits, is not a good crime.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the result of the crime is also the result.

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