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(영문) 수원지방법원 안산지원 2018.09.14 2018고단2158
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

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on January 2018, the Defendant accepted a proposal to the effect that “to reduce taxes” from a person who was infinite’s name at a place in which he was not a police officer’s name, and to pay rent of KRW 1,00,000 per month on the face of a week from a cash card that was not used.” On January 29, 2018, the Defendant sent a physical card card connected to the Defendant’s bank account under the name of the Defendant in the name of the Defendant on the street B of Ansan-si, Annsan-si, the day on January 29, 2018 to the address where the person who was infinite was notified of the name and sent the password to the address where the person was infinite,

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment (i.e., the selection of punishment, and the fact that the Defendant’s crime of this case was actually abused as a means of phishing fraud, but considering the fact that the Defendant reflects the facts charged, and that the Defendant is the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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