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(영문) 서울동부지방법원 2017.04.21 2016고정2033
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 May 8, 2012, the Defendant transferred access media connected to the Agricultural Cooperative Account under the name of the Defendant to the Seoul Southern District Prosecutors' Office for the purpose of lending, and received an investigation into the suspicion of violation of the Electronic Financial Transactions Act and received a disposition of suspension of indictment.

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium for electronic financial transactions.

Even for the purpose of obtaining a loan from a financial institution through the above investigation records, the Defendant knew that the account and access media can be used for crimes, such as phishing, in the event of transfer of an access medium connected to the account of the financial institution.

Nevertheless, on May 30, 2016, the Defendant sent a check card for lending from a person who misrepresented a credit service provider, in the Defendant’s residence, at around May 30, 2016.

In response to the request, after accepting the request, the defendant sent the physical card and password connected to the account (Account Number: B) of the defendant's name to the above person without his name.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A trading statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a decision not to prosecute);

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) 3 of the same Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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