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(영문) 서울동부지방법원 2017.11.21 2017고정1327
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on May 31, 2016 to June 1, 2016, the Defendant transferred a physical card connected to the Defendant’s name bank account (B) on the ground that the name was not attributable to the person who was not injured at a closed place on May 31, 2016, and caused the said card to be used for the commission of phishing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to receipts, copies of bankbooks, investigation reports (report on the result of execution of a warrant of search and seizure applicable to the financial account);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including not only impairing the trust and safety of financial transaction, but also allowing access media transferred due to the crime to be used for all kinds of criminal acts, and thus, the nature of the crime is not weak, the defendant has the record of being sentenced to suspension of indictment for the same kind of crime, and the defendant was denied at an investigative agency until the end of the crime of this case, etc., it does not seem to be excessive in light of the sentencing conditions indicated in the trial of this case.

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