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(영문) 청주지방법원 제천지원 2018.03.29 2017고단427

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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on September 25, 2017, the Defendant, on the road in front of the Chungcheongbuk-si, proposed that he/she “on the road in front of the Chungcheongbuk-si,” “on the road in front of the name, he/she will offer KRW 3,00,000,000 if he/she borrowed the e-mail card for three months so that he/she can register as an employee of the D Cosmetics company and pay the price for the cosmetics sold by the bad credit holders.” The Defendant lent the e-mail card (F) connected to the e-mail’s account in the name of the Defendant through Kwikset Service news article to lend the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to G of police preparation;

1. Application of Acts and subordinate statutes on transfer transaction, report on internal investigation (in the course of execution of a search and seizure warrant), and provision of financial information;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

The favorable circumstances: The mistake is divided.

It seems that there is no benefit gained by the defendant in reality.

The defendant has no record of the same crime.