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(영문) 대구지방법원 안동지원 2018.04.20 2017고단796
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 borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, on August 29, 2017, the Defendant had to pay 3 million won in advance from a person who was in the name of the deceased on August 29.

The Republic of Korea is operating in a foreign country for a period of eight years.

At present, the term "the period of lending the passbook" was read as the word "the lending fee of the passbook", the two million won is leased to five persons, and the person in charge C is accepted. On the same day, it was sent to the above person using Kwikset-based service that is connected to the Skset (number : F) in the name of the defendant.

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 of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of transactions (the details of seeking damage amount), the verification of transaction details (the details of damage transfer), the verification of transaction details, and the details of transaction with A SC bank;

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 transfer and lending of access media for electronic financial transactions on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act can be used as a means of other crimes. In this case, the access media leased by the Defendant was used for the phishing crime, thereby causing damage.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no profit acquired by the defendant due to the instant case.

There are no criminal records which exceed the same kind of crime and fine.

In addition, the defendant's age, sex, environment, motive, means and result of crime;

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