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(영문) 수원지방법원 안산지원 2018.11.23 2018고단3077

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

Punishment of the crime

No person shall lend, deliver, keep or distribute any access medium used in electronic financial transactions while promising to receive a price therefor.

Nevertheless, on July 12, 2018, the defendant, who had misrepresented the B working for a logistics company, is seeking a reduction of tax due to the occurrence of a large amount of tax, if there is a distribution of goods.

It is intended to lend the card to KRW 3 million.

“Around July 13, 2018, in response to the phone call, “Around July 13, 2018, Kwikseter near C Borrowing, sent to Kwikseter a physical card connected to D’s union account (E) in the name of the Defendant, and informed him of the password by phone.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to verify transaction details;

1. Relevant Article of the Act on Criminal facts and Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment (Article 49(4) of the Act on Electronic Financial Transactions (Article 6(3)2 of the Act on the Selection of Punishment, the Defendant’s crime of this case was actually abused as a means of phishing fraud, but considering the following: (a) the fact that the Defendant acknowledged the facts charged; (b) the Defendant made a voluntary report on the loss of money by winning that money was deposited in the account; and (c) the fact that there was no special penalty record exceeding

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.