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(영문) 부산지방법원 2018.04.06 2017고단6104
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On August 30, 2017, the Defendant promised to receive KRW 3 million from a person without a name (hereinafter referred to as “X”) in return for the payment of KRW 17:30,000,00,000 from the Busan-dong, Busan-dong, Busan-dong, and notified X of the secret number of each account through Kwikset service article, through Kwikset’s article, in front of the second apartment of the claim for the second apartment.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes, including a petition, a return receipt, a financial data, each photograph/cinematographic output (including closed television images);

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the following: (a) the access media leased by the Defendant for the reasons for sentencing of the sentence under Article 334(1) appears to have been used for the criminal act of phishing; and (b) the damage amount to 6.180,000 won only to the phish bank account (see, e.g., evidence record 23 pages); and (c) the Defendant’s compensation for damage does not seem to have serious anti-discrimination; (d) there is no criminal record in excess of the same criminal record or fine; and (e) there is no evidence that the Defendant was paid three million won as the price actually promised by the Defendant.

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