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(영문) 대전지방법원 2018.04.25 2017고단4140

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 any access medium while promising to receive a price.

Nevertheless, on June 21, 2017, the Defendant received a proposal from a person in non-name, who is in the middle-gu cultural Dong of Daejeon, to the effect that "the head of a Tong is required to be distributed income due to tax issues, if he/she lends his/her physical card and password to another person, he/she will be paid three million won in return for the lending of his/her own physical card and password." On June 21, 2017, the Defendant sent the physical card linked to the Saemaul Treasury B account in the name of the Defendant to the above non-indicted of the name, using Kwikkset’s service, and then sent the password to the above non-indicted of the name to the above account on June 22, 2017.

As a result, the defendant promised to receive the price, and lent the physical card and password, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on investigation (D Telephone Investigation for Witnesses);

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 Defendant’s access media for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), which caused damage by the Defendant’s use of the Defendant’s access media for the commission of the phishing fraud, shall be determined as ordered in consideration of the circumstances unfavorable to the Defendant, such as the confession and reflection of the Defendant, the fact that the Defendant has no record of punishment exceeding the fine, and that there was no record of the same kind of profit as that of the instant crime.