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(영문) 의정부지방법원 2017.11.30 2017고단4288
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

On July 4, 2017, the Defendant lent the access medium to the account to the Kakao Stockholm message that grants KRW 2 million when lending the account from a person without his/her name to the third party, sent a physical card connected to the name in the name of the accused at the commercial convenience store located in front of the residence of the accused B at the time of the Government of 199, the Defendant sent a physical card connected to the name in the name of the accused to the Saemaul Treasury (C) and sent the security card number and the account number to the Kakao Stockholm message.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. A detailed statement of transactions in each account and a detailed statement of text conversations;

1. A statement of account transfer;

1. Application of the reply-related Acts and subordinate statutes;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Taking into account the following: (a) a number of persons were victims of phishing crimes using the account transferred by the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouse; (b) however, inasmuch as the Defendant’s mistake is against the Defendant; and (c) there appears to be no benefit accrued from

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