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(영문) 의정부지방법원 2017.12.18 2017고합371
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on June 30, 2017, the Defendant would lend a e-mail card to the 3 million won per month on the street in front of the D in Yangyang-si, Namyang-si.

"To receive the proposal, I sent one physical card linked to the new bank (E) account in the name of the defendant to the above Buddhistist through Kwikset Service, and notified the account number and password via Kwikset.

As a result, the Defendant promised to receive the access media for electronic financial transactions and delivered the access media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to report on investigation (Attachment of materials to reply after execution of a warrant of seizure);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the crime of this case is strictly punished as transferring an access medium, which is an essential means for the criminal act of licensing serious harmful effects.

In fact, the access media lent by the defendant was used for the phishing crime, causing damage.

However, the fact that the defendant recognized his mistake and reflects his depth, that there is no benefit acquired by the defendant due to the instant case, that the amount equivalent to approximately KRW 4.3 million out of the damage amount to the phishing crime in relation to the access media lent by the defendant was returned to the victim, and that the defendant was an initial offender who had no record of criminal punishment prior to the instant case, etc., shall be considered as favorable to the defendant, and the age, sex, environment, etc. of the defendant is considered as favorable to the defendant.

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