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(영문) 의정부지방법원 2017.06.09 2017고단1498

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on November 14, 2016, the Defendant promised to receive KRW 1,500,000 per month from the person in whose name the Defendant was in operation, at the C cafeteria located on the 19:00 Gyeong-gun, Gyeong-gun, and one cash card connected to the Postal Account (D) in the name of the Defendant, and delivered one copy to the person in whose name the Defendant was in arrears through Kwikset Services.

Accordingly, the Defendant promised to pay compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report of investigation (specific suspect);

1. Application of evidentiary data, such as written statements in this body and other evidentiary data, and statutes on transactions in a post office account in A;

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. In light of the fact that the Defendant’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) expectations monetary consideration and actually used to commit the phishing fraud, there is a need for strict punishment for the Defendant in light of the fact that the access media that the Defendant lent to a person with no name is a serious social problem.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the fact that the Defendant has no record of punishment exceeding the fine, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as set forth in the Disposition.