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(영문) 창원지방법원 2018.02.09 2017고단4140
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On September 7, 2017, at around 12:00, the Defendant sent a loan advertising business entity and a e-mail card available after telephone in front of the third apartment of the 1005-5 dial apartment of the 1005-5 Down-si, the Defendant transferred the e-mail card and password, which are an access medium connected to the company bank account (C) to a person whose name is not known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning details of financial transactions and provision of financial transaction information;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (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 with regard to the order of provisional payment is that the Defendant transferred without permission access media used for electronic financial transactions through Kwikset services to a person who cannot identify him/her in response to the proposal that he/she would have the said person get the loan by unlawful means. As such, the issue is not less complicated.

In fact, since the access media transferred by the defendant was used as a means to commit the phishing crime against others, the result of the crime is not easy.

However, the defendant reflects his fault in depth.

It seems that the defendant, who has not yet been identified in the world, has yet to transfer the existing access media to the offender without knowledge that his own access media would be used for crimes such as Bosing, even though he had not yet known that he would be used in such crimes as Bosing.

The transferred approach media is only one case, and it seems that there is no profit that the defendant actually acquired through the crime of this case.

In particular, the Defendant reported the loss of the bank on the following day after the transfer of the access media as above, and the victim also requests the same bank to suspend payment immediately after the transfer.

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