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(영문) 서울중앙지방법원 2018.08.16 2018고단3815
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, around January 9, 2018, has the same month at the cargo terminal C office located in Seocho-gu Seoul Metropolitan Government.

2. The Defendant sent the cash card linked to the bank account (E) of the Defendant’s name name name to the Gangnam-gu Seoul F and G, and sent the said account number and password to the non-indicted 1,100,000 won to the above non-indicted 2,10,000 won on the face of 30,000 won from the non-person who assumes the name of the D Company’s business team to “on the face of 30,000 won from the lease of the personal account for the purpose of tax saving, and to pay 7,000,000 won per day from the bank account.”

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 with H;

1. Application of Acts and subordinate statutes governing certificates of deposit transactions;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the access media that the Defendant lent to the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was actually used for the commission of fraud (phishing); (b) the Defendant appears to have recognized and reflected his/her mistake; (c) the Defendant appears to have no actual benefit; (d) the Defendant was an initial offender with no criminal history; and (e) the Defendant’s other factors for sentencing under Article 51 of the Criminal Act

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