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(영문) 춘천지방법원 강릉지원 2019.03.21 2019고단3
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall do any act of lending any means of access, requiring or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around June 25, 2018, the Defendant received a proposal that “the account of another person is required to engage in export business. If an account is lent for one month, 1.5 million won will be given.” On June 27, 2018, the Defendant issued a debit card, which is the means of access to the B Bank Account (C) in the name of the Defendant, in the vicinity of the Masan-si, Changwon-si, Msan-si, the Msan-si, which is located in 18, to the Msan-si, Changwon-si, Masan-si, the Defendant: (a) delivered one debit card, which is the means of access

As a result, the Defendant promised to pay 1.5 million won and lent the means of access to the name in return for the lending.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Certificates of deposit;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (to the other party of a victim's telephone conversation);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's wrongness is favorable to the defendant.

On the other hand, it is disadvantageous that the means of access lent by the Defendant was actually used for the commission of phishing, and that the Defendant acquired 30,000 won out of the money deposited in his own account in accordance with the instructions of the person without a name, and used it as the cost of selectiveing, and that 2.4,00 won was transferred to another account notified by the person without a name.

In addition, the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, etc. shall be determined in consideration of the various sentencing conditions shown in the records and arguments of the case.

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