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(영문) 대구지방법원 포항지원 2017.05.17 2017고단254
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, on March 2016, the Defendant received from B the check-up card, the check-up card with the passbook and password of the NongHyup Bank account (C) in the name of friendly B, and the OTP generation machine (one-time package box generation machine) from B, and sent the check-up to the non-resident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against D;

1. Application of statutes on financial transaction details;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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 on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. Unfavorable circumstances: Circumstances in which the passbook transferred by the defendant was actually used for the commission of the phishing crime: The fact that there is no other force or criminal punishment in addition to the two juvenile protective dispositions, and the fact that it is against the defendant

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