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(영문) 부산지방법원 동부지원 2017.12.21 2017고단2341
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 borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

around 13:00 on May 11, 2017, the Defendant promised to receive KRW 3,00,000 per month from the person who was unable to receive his name (hereinafter “B”), and lent a accessible medium through Kwikset service, by delivering one check card in the name of the Defendant’s Busan Bank account (C) opened around February 19, 2001.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to cover two copies of confirmation of electronic financial transfer transactions, E, data on response to transactions with Busan Bank, details of account transactions, and the Kakao Stockholm message;

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

1. In the event that an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is leased, it is necessary to strictly punish such medium, as it may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as Bosing. In fact, the fact that the electronic financial transaction access medium transferred by the Defendant is used for the phishing crime is disadvantageous to the Defendant.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the fact that the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions in the trial process of this case.

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