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(영문) 창원지방법원 2018.12.21 2018고단2822

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, borrow or lease any access medium, or store, deliver or distribute any access medium while requiring or promising to receive, demand or promise any access medium.

Nevertheless, the Defendant would offer money to a person whose name is unknown on March 14, 2018 through a mobile phone text message to lend to a liquor company an account to use for tax reduction or exemption.

In return for lending a defective account and receiving KRW 3 million in return, it shall be sent by a person who is not aware of the above name, who is connected to the C Union’s account (Account Number: D) opened in the name of the defendant at the education place of the water purifier Company in Changwon-si, Changwon-si on March 15, 2018.

On the one hand, Kwikset service articles were put to Kwikset service articles.

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 for E;

1. Application of the Act on Account Details to Defendant

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the result of the crime is not less than that of the crime.

However, the defendant reflects his fault in depth.

The defendant did not know that his access media was used for serious crimes such as licensing.