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(영문) 청주지방법원 2018.06.28 2017고단2802

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on September 25, 2017, the Defendant is entitled to lease a borrowed account from a person who is not aware of his name in the Bongdong-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu. In order to save tax from the company.

The user fee shall be used for three days in a short term, and it shall be paid 2 million won per account at a time.

“The proposal received and accepted the proposal, and thereafter lent the approaching media to the F in Suwon-gu, Busan Metropolitan City, by way of sending one physical card linked to the Defendant’s Saemaul Treasury Account (D) to the F in the name of the Defendant at around 13:52 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Answer to execute a warrant of seizure;

1. Application of the investigative report (the confirmation of CCTV images at the point of withdrawal, etc.);

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The transfer and lending of the access media for electronic financial transactions can be used as a means of other crimes, which requires strict social measures, and in this case, the access media leased by the defendant has been abused for phishing crimes, the confession that the defendant committed the crime of this case during the period of this type of repeated crime, and there is no record of the same crime.