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(영문) 창원지방법원 2019.08.22 2019고단951
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2018, the Defendant sent a nameless letter-based note to the effect that “if he imports or exports goods to an overseas direct trade, and lends a card to be used for import and export business, he/she will offer KRW 1,500,000 per each account,” and consented to the contact with B. On December 4, 2018, the Defendant sent a physical card connected to the Defendant’s corporate bank account (C) with the Defendant’s name and the account (D) with the Defendant’s corporate bank account (E) around 10:0 on December 4, 2018, and sent a personal number to B, around 7:00, the Defendant sent a letter-based note connected to the Defendant’s name-based corporate bank account (E) with the Defendant’s name-based bank account (E).

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Document;

1. Details of account transactions;

1. Application of the B Acts and subordinate statutes on dialogue;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts and the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions and reflects a crime, and that there is no previous conviction in the same kind of crime.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case is Bophishing.

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