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(영문) 대구지방법원 안동지원 2018.09.07 2018고단305

전자금융거래법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to ten months of imprisonment and two years of suspended execution as of April 8, 2017 in the Daegu District Court’s support on March 31, 2017, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the main sentence") in the Daegu District Court’s support, and is still under suspended execution.

[2] On January 29, 2018, the Defendant promised to open a so-called so-called so-called so-called so-called “so-called “so-called “so-called “so-called “so-called “so-called” in front of the Ministry of Commerce, Industry and Energy’s permanent election cost, which is 182, to obtain a loan of KRW 10,000,000,000 from the name-free person, who assumes the name-to-so-so-so-called “so-called “so-called” on the front of the “so-called “so-called “so-called ”, and lent a so-called “so-called Okwikset service provider”

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. An investigation report (Attachment, etc. of A Account Transactions Statement, etc.);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the suspended period of a suspect) statute;

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 transfer and lending of access media for electronic financial transactions on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act can be used as a means of other crimes. In this case, the access media leased by the Defendant was used for the phishing crime, thereby causing damage.

The Defendant is highly likely to commit the instant crime without being aware of it during the suspension of the execution period for the instant crime.

However, the defendant recognizes his mistake and is against his will.

There is no criminal record for the defendant, and the defendant seems to have no actual profit from the crime of this case.

In addition, the defendant's age, sex, environment, motive, background, means and consequence of the crime are lent.