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(영문) 인천지방법원 2018.08.17 2018고단4156
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

On January 2018, the Defendant would operate a sports soil site from a person without the name of the deceased on the date of the Defendant’s name. The Defendant would provide KRW 3 million per one if he/she lends a e-mail card, etc. connected to the account under the name of the Defendant.

On January 22, 2018, at D located in Seo-gu Incheon, Seo-gu, Incheon, one head of the physical card connected to the National Bank Account (Account Number: E) in the name of the defendant and the password were delivered to the above person in non-name.

Accordingly, the defendant promised to pay the price and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

1. Application of Acts and subordinate statutes on response to details of financial transactions (a copy, evidence record No. 103 page);

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

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 ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant's access media seems to have actually been used for the phishing fraud crime and have caused considerable damage.

Since the Defendant stated to the effect that the act of lending the access media by an investigative agency was illegal, the possibility of criticism against the crime cannot be deemed to be somewhat weak.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The Defendant stated the process of committing the instant crime to the effect that the instant crime was caused by wrong judgment in a situation where money is needed.

The Defendant does not seem to have directly participated in the phishing fraud crime, but this does not apply.

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