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(영문) 대전지방법원 서산지원 2018.05.03 2018고단173
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

Except as otherwise provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, at around 19:00 on November 20, 2017, the Defendant: (a) promised to receive KRW 3 million from his name in return for lending the e-mail card in front of 19:203 building, Jin-si, Chungcheongnam-si; (b) to receive KRW 3 million from his name in return for the lending of the e-mail card in the name of the Defendant; and (c) lent one e-mail card connected to the new bank account (C) in the name of the Defendant to the name in the name in return for the lending to the name in return for the lending

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes on the confirmation of transfer results and details of passbook transactions;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) there is a need to strictize the act of lending an approaching medium that is the beginning of the criminal act of phishing fraud; (b) under the circumstances that the access medium leased by the Defendant was actually used in the criminal act of phishing fraud; (c) the Defendant is against the recognition of the criminal act of phishing fraud; and (d) the gain acquired by the Defendant appears to exist; and (d) the benefit acquired by the Defendant appears to have no other criminal record other than the punishment of a fine once for any other type of crime; and (e) taking into account all other circumstances, such as the Defendant’s age, sex, career, home environment, motive for the criminal act; and (e) the circumstances after the criminal act of phishing, etc., the sentence as ordered in the Disposition shall be imposed

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