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(영문) 서울남부지방법원 2018.10.02 2018고단3614

전자금융거래법위반

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium in using and managing access medium required for electronic financial transactions in return for promising to receive such consideration.

Nevertheless, on November 2017, the Defendant listened to the phrase “B,” “B,” which does not know the personal information at the construction site located in the Suwon-gu, Suwon-gu, Suwon-gu, the Defendant sent the physical card in the name of the Defendant to a person who is unable to know the personal information of “B” through a bank account (C) in the name of the Defendant.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 of the same Act (to lend access media and to select a fine);

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

1. Taking into account all the factors of sentencing, including the fact that there is no record of punishment in the Republic of Korea for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the scale of damage caused by the phishing fraud (30 million won), the Defendant’s age, sexual conduct, environment, etc.