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(영문) 서울중앙지방법원 2018.06.08 2018고단1824

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In September 2017, the Defendant operated a game company in Chinese depth, and the physical card is needed due to tax issues. The Defendant is required to operate the game company from an employee of the electronic financial fraud assistance in his name in the residence of the Defendant in Gangnam-gu Seoul Metropolitan Government D 309.

On September 17, 2017, after receiving a proposal, 1.5 million won in cash and 3 days in order to return the card. Around September 17, 2017, a person designated by the above-mentioned person in a non-name to another assistant designated by the above-mentioned person in a non-titled area below the city of Saaly learning in China lent the physical card and password connected to the Defendant's bank account (Account Number: E) to the Defendant, and then lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on remittance receipts and transaction replies;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as to lending of access media for electronic financial transactions with the reason for sentencing. The actual use of access media that the Defendant lent to the Defendant for the commission of the phishing fraud is unfavorable to the Defendant in light of the circumstances unfavorable to the Defendant, such as the fact that all the Defendant’s mistake is recognized, the fact that there was no criminal record after residing in Korea from around 2008, and the amount of damage from the Defendant’s account was refunded to the victim, taking into account the favorable circumstances of the Defendant’s age, sexual behavior, environment, family relationship, and circumstances leading to the Defendant’s crime, etc., and determining the punishment as ordered in light of all the sentencing conditions set forth in the instant pleadings, such as the Defendant’s age, sexual behavior, family relationship, etc.