(영문) 서울중앙지방법원 2018.05.10 2018고단1888

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.05.10 2018고단1888

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 person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, the Defendant, at around 17:00 on December 27, 2017, sent to the Kwikseter on the part of the name in the name of Jongno-gu Seoul, Jongno-gu, Seoul, stating that “The Defendant would use 50,000 won and pay KRW 80,000,000 to the account, if he/she lends the account” from the person in the name in the vicinity of the 130 Gyeongnam-do Police Station, upon receipt of a proposal from the Defendant and the Defendant’s bank account (B) to the above name in the name in the name in the name in the name in the name in the name in the name in

Information was known.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to certificates of deposit transactions, detailed statements of telesing transactions, and inquiries about personal information of customers;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The fact that the access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used for the criminal act of phishing, and the actual damage was inflicted on the Defendant is disadvantageous to the Defendant.

However, considering the favorable circumstances that the Defendant recognized the instant crime and reflects the fact that there is no particular penalty history, and that there is no economic benefit from the instant crime, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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