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(영문) 인천지방법원 2017.08.21 2017고단5459
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

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on April 5, 2017, the Defendant received 6,500,000 won under the condition that he lends 2,10-day Postal Card to the 10-day B building in the name of the Defendant, through Kwikset service article, and one copy of the physical card connected to the name of the Defendant’s bank account (C) and the new bank account (D), and then, notified the password to the Kakao Stockholm Stockholm, and lent the access media of the financial institution by receiving 20,000 won, which is part of the consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The application of warrant replies, certificate of deposit confirmation, and Acts and subordinate statutes on replys;

1. Relevant legal provisions and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (the choice of punishment, 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 Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

The defendant's lending of access media to the criminal organization has been used for phishing, and the fact that many victims have occurred in the process is also disadvantageous to the defendant.

However, a fine shall be imposed by comprehensively taking into account the following factors: the defendant is a primary offender, the background leading up to lending access media, the improved age and the status of pregnant or nursing women.

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