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(영문) 수원지방법원 여주지원 2018.02.02 2017고단1560

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, on September 14, 2017, the Defendant would pay KRW 2,100,00,000 if he/she lent the check card to be used in the time of the reduction or exemption of alcoholic beverages from the name in secret, who assumes the name of the B Company C around 18:00.

“On September 20, 2017, after receiving text messages, the Defendant promised to receive KRW 2.1 million per e-mail, and then, on September 20, 2017, at the E point located in Gyeonggi-si D, the Defendant lent a physical card access medium of the electronic financial transaction by transferring the e-mail card (F) connected to the Defendant’s name to the national bank account (F) in the name of the Defendant.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint of G;

1. Statement of transactions by account;

1. Inquiry of transaction details;

1. Application of the statutes governing the statement protocol to G;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act takes into account extenuating circumstances into account that the Defendant’s access media was used for the commission of the phishing fraud. It is so decided as per Disposition by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the following: (a) the Defendant’s time limit and reflect; (b) the Defendant did not actually cause damage to the victim; (c) the Defendant’s age, sexual conduct, environment, etc.