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(영문) 광주지방법원 장흥지원 2018.02.08 2017고단242
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 medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, on August 8, 2017, the Defendant would pay 3 million won to each one account on the face of receipt of the account from a person who was unable to receive the name (one named “C Agent”) in order to use the account for the reduction or exemption of customs duties of trade enterprises.

“On receipt of text messages,” the phone called to the person under whose name the Defendant was named, and was given a lending of the account in the name of the Defendant.

Defendant notified the above nameless person of his account D(E) and passwords by telephone, and, on the same day, he sent the physical card connected to the above account in front of the office of management of the F apartment apartment in the Nam Heung-gun, Chungcheongnam-gun through Kwikset service.

Accordingly, the Defendant promised to pay for the electronic financial transaction access 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 details of account transactions and text messages;

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 full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

Corresponding factors: (a) the defendant acknowledges and reflects his mistake; (b) there is no criminal punishment heavier than imprisonment without prison labor; (c) there is no criminal conviction for the same kind; and (d) the defendant who is suspected of phishing applied for a suspension of transaction to prevent greater damage

. Unfavorable sentencing elements: The leased approach media is used for crimes such as Bosing, etc., with a high need for punishment, and in this case the Defendant’s check card is used for the crime.

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