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(영문) 인천지방법원 2017.04.20 2017고단1083
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 provided for in any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On November 14, 2016, the Defendant issued a new bank account (C) in the name of the Defendant to Kwikwikset service article with the name of the Defendant, and transferred a password to the access medium of electronic financial transactions by notifying the password, if the Defendant borrowed a e-mail card from a person whose name is unknown to him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on response to transaction details;

1. Relevant Article of the Act and Articles 49(4)1 and 6(3)1 of the Act on the elective Financial Transactions concerning the facts constituting an offense (the choice of penalty, and the reasons for sentencing as follows);

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Order of Provisional Payment is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also a soil where the Bosing crime continues to take place in society.

The access media that the defendant transferred to the criminal organization was used as the instrument of phishing, and multiple victims were boomed.

However, the sentencing conditions, including the fact that the defendant is a primary offender, the sex and environment, the transfer of the access media that served as the motive for committing the crime, and the receipt of consideration, shall be imposed by a fine.

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