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(영문) 대구지방법원 2018.07.06 2017고단5150
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

On October 12, 2016, the Defendant, in front of the Daegu Jung-gu B Building, sent a e-mail card to one hundred and twenty hundred thousand won per day from his name in the form of text message, and consented thereto, and then sent the e-mail card two linked to the Defendant’s name bank account (Account Number C) and one bank account (Account Number: D) and lent a medium of access to electronic financial transactions to the Defendant, through Kwikset and promising to notify the password of the password.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to business banks’ letter of credit and transaction specifications of one bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of this case with the reason of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of crime not only impairing the safety and trust of financial transaction, but also other crimes. In fact, it is unfavorable that the Defendant’s access media was used for the phishing crime.

On the other hand, the fact that the defendant seems to have no profit from the crime of this case, and that there is no criminal punishment against the defendant, considering the favorable circumstances.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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