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(영문) 창원지방법원 통영지원 2018.05.02 2018고단206
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 expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on December 4, 2017, the Defendant: (a) received a proposal from a person who misrepresented himself/herself as a alcoholic beverage business operator; and (b) received the proposal that “if taxes are imposed on the settlement of alcoholic beverage prices, 700,000 won shall be paid in return for the loan from three days,” and (c) received it on the same day, the Defendant sent a copy of the physical card connected to the credit cooperative account (Account Number: D) in the name of the Defendant at the same time; and (d) sent a password to the name of the non-party and notified the Kakao Stockholm.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to a report on damage from telephone finance fraud, a transfer receipt, a customer information file, and details of entry and departure transactions;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the fact that the Defendant lent access media to the Defendant for the purpose of easily punishing the money was used in the phishing crime; and (b) the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are comprehensively considered, and the sentence is determined as per the order.

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