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(영문) 대전지방법원 논산지원 2018.07.13 2018고단238

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

No person shall lend any access medium in return for receiving, demanding or promising the price for the access medium.

Nevertheless, on March 11, 2018, the Defendant received a phone call from a person in the name of the deceased to “to give 2.3 million won to the bank account for 10 days.” On the same day, the Defendant sent Kwikset’s card connected to the name of the Defendant’s new cooperative account (D) through Kwikset’s service located in Da in the YYY-si, YY-si, YY-si, YY-si.

With the promise of the price, the approach media was lent.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on separate transactions during investigation period;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant easily committed the instant crime, and the victim of the phishing was found to have committed the instant crime.

However, the punishment shall be determined by taking into consideration the fact that the defendant has mistakenly recognized and has no previous record of the same kind.