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(영문) 의정부지방법원 2018.05.29 2018고단173
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any means of access to electronic financial transactions while receiving, demanding or promising the payment, or keep, deliver or distribute such media.

On November 9, 2016, the Defendant lent a medium of access, such as a passbook (Account B), password, etc. opened in the name of the accused under the condition that he/she would receive KRW 1,00,000,00,000, to the 1000,000,000-ro 10,000,000.

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 on trading;

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 punishment shall be determined in consideration of the following facts: (a) the account that the Defendant lent to the Defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution was used for the Singing phishing crime; (b) the Defendant committed the instant crime during the period of repeated crime; (c) the Defendant did not recover from the agreement or damage; (d) the Defendant committed the instant crime during the period of repeated crime; (c) the Defendant committed a crime during the period of repeated crime; (d) but it appears that the Defendant

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