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(영문) 수원지방법원 여주지원 2018.06.29 2018고단220
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, the defendant's account under the name of another person is needed because it is a person who operates a liquor company from a person who is in the name of the first person on December 2016.

One account shall be lent in two weeks, and 1.5 million won shall be paid in return for such lending.

“On receipt of the text message “,” and around that time, Kwikset sent a 363-ro of the official door of Gyeonggi-gu, Kwikset’s service article for consideration, promising to deliver the physical card and password to the post office account (Account Number: C) in the name of the Defendant to the above-mentioned person via Kwikset’s service article, and lending an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Statement made with D;

1. Application of Acts and subordinate statutes on deposit transactions;

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 rationale for sentencing under Article 334(1) of the Criminal Procedure Act takes into account the fact that the Defendant’s access media was used for the Defendant’s phishing crime, taking into account the unfavorable circumstances into account: (a) the fact that the Defendant’s access media was used for the Defendant’s phishing crime; (b) the motive and background leading up to the Defendant’s lending of the access media (no knowledge of the fact that it was used for the Defendant’s phishing crime); (c) there was no profit gained by the Defendant; and (d) the fact that the victim’s damage to the

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.

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