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(영문) 서울남부지방법원 2018.07.06 2018고단1927

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

Criminal facts

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

Nevertheless, the Defendant received a written message from a person in the name of the deceased and accepted the proposal that “(300,000 won per account) to lend the check card at least 30 days per account.” On January 24, 2018, around 16:30, the Defendant used the check at the Seoul High Bus Terminal located in Seocho-gu Seoul, Seoul, 194 as a new distribution of Seocho-gu, Seoul, and sent one physical card, each connected to the Agricultural Cooperative Account C and the Korean Bank Account D, to the name of the Defendant, respectively.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Character messages;

1. Details of the Kakao Stockholm dialogue;

1. Receipts;

1. Application of Acts and subordinate statutes on trading;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 (hereinafter “The Criminal Procedure Act”) takes into account the favorable circumstances, such as the fact that the access media leased by the Defendant for the reason of sentencing is actually used for the phishing crime, and the quality of the crime is not good, and the Defendant returned the amount equivalent to the amount of damage to the victims who suffered from the fraud due to the access media leased by the Defendant; the Defendant did not have any history of criminal punishment prior to the instant case; and the Defendant did not seem to have acquired the consideration for the lending of the access medium. The sentence shall be determined