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(영문) 대전지방법원 논산지원 2018.04.20 2018고단4

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 distribute it to keep, deliver or receive any consideration or promise.

On October 16, 2017, the Defendant called “to offer KRW 2.1 million if he/she lends a passbook to another person without his/her name.” On October 17, 2017, the Defendant provided Kwikset service with a physical card connected to the Defendant’s name-oriented securities account (B) and promised to pay for the same.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant easily committed the instant crime, and the victim of the phishing was found to have committed the instant crime.

However, the punishment shall be determined by taking into consideration the fact that the defendant has mistakenly recognized and has no previous record of the same kind.