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(영문) 의정부지방법원 2017.08.17 2017고정1308
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 one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

The defendant, on December 2, 2016, lent an account to be used for tax reduction or exemption to a person who is called as the "BC leader of the Seocho Faman Co., Ltd.", the defendant would give KRW 3 million per month of each account, if he lends the account to him.

“Along with the proposal,” the account was lent to receive money.

On December 7, 2016, around 12:00, the Defendant sent Kwikset service articles sent by the non-indicteds of the above name to Kwikset service articles with the national bank account (D) and the company bank account (E) of the Defendant, and notified the non-indicteds of the identification number.

As a result, the Defendant promised to pay the price, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative Report (Attachment of Certificate of Transfer Verification), Financial Transaction Information, Investigation Report ( Results of Execution of Search Warrant for Account);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the instant crime and reflects his mistake; and (b) the primary offender who has no record of criminal punishment is recognized as a favorable circumstance for the Defendant.

However, the crime of this case where the defendant agreed to receive KRW 3 million per month and lent an access medium is not less than that of the crime in light of the content and method of the crime, the legislative intent of the Electronic Financial Transactions Act, etc., and the physical card leased by the defendant was used for the phishing crime, and the same and similar cases.

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