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(영문) 창원지방법원 2018.02.09 2017고단4144
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.

Nevertheless, around October 20, 2017, the Defendant: (a) listened to the phrase “if the Defendant operates a logistics company, and send the physical card and password, which is necessary to save taxes, through Kwikset’s service, to use it only one week and 2 million won; and (b) delivered a physical card connected to the account in the name of the Defendant’s name to Kwikset through Kwikset’s service.”

As a result, the defendant promised to receive compensation and lent the access media to others.

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 on the certificates of transaction records and account details;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. In a situation where various singing crimes, which have caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, are taken place, it is not good that the Defendant arbitrarily lent the access media used for electronic financial transactions to a person who cannot be identified for the purpose of obtaining unjust profits in a very fast manner.

Since the access media leased by the defendant was actually used as a means to commit the phishing crime against others, the outcome of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

The defendant is now not aware that his access media was used for serious crimes such as Bosing.

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