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(영문) 대전지방법원 서산지원 2018.09.06 2017고단726
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, around June 5, 2017, the Defendant received a proposal from a person in a false name who misrepresented as a related person to “sports soil” and borrowed a accessible medium in return for a promise to provide a password to a person in a name-non-defluence and to provide a personal identification number of the Defendant in front of the building B between the 17:00 to 18:00 of the same day on the street of the building B in Seosan City, Seosan-si, the Defendant: (C) sent to a person in a name-defluence; and (d) conveyed a personal identification number to a person in a name-defluence by telephone; and (e) lent a accessible medium in return for a promise.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as details of transactions by period of receipt, transaction for customers, details of banking transactions, etc.;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was actually used for a crime of actual fraud, and there was a person who suffered damage therefrom.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant’s mistake is recognized; (b) there is no record of punishment prior to the instant case; and (c) the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime; and (d) the circumstances shown in the present pleading, such as the circumstances after the commission of the instant crime.

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