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(영문) 의정부지방법원 2018.07.25 2017고단2674
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 used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on December 14, 2016, the Defendant accepted the proposal that “the name account is B, and the rent of 3 million won is paid in advance,” from the person who was in the name of the Defendant, and then transferred the physical card and password of the community credit cooperative account (D) to the nameless Kwikset service engineer in the vicinity of Dongducheon-si, Dongcheon-si.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes notifying data on financial transaction status;

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. Consideration, such as the fact that the access media leased by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used in the phishing crime, causing damage to the defendant, and that the defendant has no criminal record exceeding the same criminal record and fine;

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