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(영문) 수원지방법원 여주지원 2018.02.27 2018고단133
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any means of access to electronic financial transactions in return for the payment, demand or promise.

Nevertheless, on November 13, 2017, the Defendant received a text message that provides money from an account holder, and 2 million won is given from a person under his/her name by posting a phone with the contact address indicated in the above text message, and by posting it on his/her name.

On November 15, 2017, “Along with the proposal,” a bank’s access media was promised to pay for the following: (a) the check card and password for the credit cooperative account (C) in the name of the Defendant via a stack article at the office of door-to-door B’s office; and (b) the bank promised to deliver the personal identification number to the person in whose name the personal information is not known.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Statement made with D;

1. Application of Acts and subordinate statutes on the release of deposits;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the access media of this case was used for the phishing crime; (b) the fact that it is time and reflects; (c) the fact that it is an initial crime with no criminal history; and (d) the Defendant’s age, sex behavior, environment, etc., are comprehensively considered the sentencing conditions under Article 51 of the Criminal Act.

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