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(영문) 서울중앙지방법원 2018.07.19 2018고단3342
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, around June 20, 2017, the Defendant listened to the statement that he would give KRW 1 million in return for using the physical card for three days when sending the physical card from a person who assumes a false name, who assumes the name of the liquor company, in front of the Gangnam-gu Seoul Metropolitan Government Office, and then delivered the physical card linked to the bank account (D) opened in the name of the Defendant C through Kwikset Service Articles.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Application of Acts and subordinate statutes to inquiries about personal information of customers, applications for transactions, and specifications of account transactions;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offender who has no criminal history.

Recognizing the facts charged, it is against the law.

On the other hand, the access media lent by the defendant was used to commit the phishing fraud, causing damage.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

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