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(영문) 서울남부지방법원 2018.04.13 2018고단671

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

Criminal facts

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, or lend or lend any access medium, or store, deliver or distribute such medium, in receiving, demanding or promising any compensation therefor.

Nevertheless, on November 2017, the Defendant: (a) received the word “the payment of KRW 3 million on the condition that an account is used for the reduction or exemption of taxes on the condition that the account is in the high seas;” from a person in the name of the end of the year; and (b) on November 23, 2017, around 12:20, the Defendant lost the Defendant’s card to a door-to-door engineer who sent the name-to-face card connected to the Defendant’s name bank account (C) from the Yangcheon-gu Seoul Metropolitan Government (C) around 108; and (c) the name-to-face was lost by a person in the name-to-face.

On November 24, 2017, after re-issuance of the defective e-mail card, lent the access media in return for promising the e-mailer to receive the price again at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Transfer receipt (four pages of evidence record);

1. Written statements of D;

1. Application of text messages statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) provides for a sentence as ordered in consideration of the following: (a) although the access media that the Defendant lent to the Defendant for the reason of sentencing is actually used for the phishing crime, it is not good to commit the crime; (b) the Defendant’s mistake is the primary offender with no criminal history; (c) the Defendant reflects his mistake; and (d) the Defendant did not acquire the consideration for the