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(영문) 대구지방법원 안동지원 2018.10.16 2018고단370

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

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant is not aware of the name of March 30, 2018, “B Business Book” from a person whose name is unknown.

The term of lease of personal card recruitment for use after delivery of alcoholic beverages is 80,000 won per day of use for three days each, and accepted a text message of 2.4 million won per day of payment for three days. On the same day, C located in the permanent residence of the same day to receive KRW 2.4 million, and one car card connected to the post office account in the name of the defendant (number : E) was delivered to the above person by using the car card.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A detailed statement of entry and departure transactions, and application of Acts and subordinate statutes to each investigation report;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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 are as follows: (a) the defendant lent the electronic financial access medium of this case; (b) the reason why the defendant actually committed the phishing fraud; (c) the defendant had no record of committing the same kind of crime; (d) the defendant applied for suspension of payment on his own; and (e) the defendant did not withdraw the amount of damage acquired by the above phishation; (e) the defendant recognized his mistake and reflects his depth; and (e) other factors such as the defendant's age, sex, intelligence and environment; (e) relationship with the victim, motive, means and consequence of the crime.