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(영문) 창원지방법원 통영지원 2017.10.18 2017고단1037
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 any other Act, no one shall lend money to any third person after promising the third person to receive an electronic card or any similar electronic information and a password necessary for using such card to ensure the authenticity and accuracy of the user and the details of such transaction, unless otherwise expressly provided for in any other Act.

Nevertheless, on February 21, 2017, the Defendant promised to receive three million won per account from a person in the name of the defendant, and sent 17:00 on February 21, 2017, to a person in the name of the defendant using Kwikset services in front of the underground well-known, 1:02, 1.02, and 2, a physical card linked to the bank B and C account in the name of the defendant, respectively.

As a result, the defendant agreed to receive the price and added two of the approaching media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to trade statements and replies;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, by comprehensively taking into account the following: (a) the Defendant’s access media that was transferred for the purpose of easily punishing money was used for the phishing crime; and (b) the Defendant’s primary offender who has no criminal history; and (c) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (d) the sentence as ordered

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