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(영문) 대전지방법원 서산지원 2018.05.03 2018고단132

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On November 13, 2017, the Defendant sent a physical card connected to the account that is to be used for tax reduction or exemption from the name in the name in the name of the non-resident in order to use it in return for the payment of KRW 4 million in return for using it.

“After receiving the proposal,” and consenting, around November 14, 2017, the following day, sent one physical card connected to the name in the old bank account (Account Number B) in the name of the defendant at the high-speed public bus terminal located in the name of the defendant at 856,00,000, and then sent one secret number to the non-victim through the original bank account in the name of the defendant, and notify the telephone number on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to details of account transactions and written confirmation of the results of electronic financial transfer (deposit of KRW 12 million in the A account);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the need to strictize the act of lending an approaching medium that is the beginning of the criminal act of phishing fraud; (b) the Defendant’s leased media is in fact used for the criminal act of phishing fraud; (c) the Defendant is against the recognition of the criminal act; (d) the Defendant appears to have no profit acquired; and (e) the Defendant is deemed to have been punished once for a different type of crime, and there is no other criminal record.