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(영문) 대전지방법원 서산지원 2018.08.16 2018고단517
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On January 1, 2018, the Defendant: (a) received a proposal from a person without his/her name to the effect that “in need of an account to deposit liquor in order to lower the amount of taxes of alcoholic beverage companies; (b) would give KRW 2 million in return for the use of a physical card when sending the physical card; (c) around January 11, 2018, the Defendant lent the access media by delivering the physical card connected to the D bank account under the name of the Defendant to the C Hospital Finding Office located in Jin-si, Jin-si, Seoul; and (d) promised to provide a payment by having his/her name in a way that he/she can find the name in the D bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response details by financial institutions;

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 sentencing of Article 334(1) of the Criminal Procedure Act takes into account the following circumstances: (a) the Defendant’s access media leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was actually used to commit the phishing fraud; (b) the Defendant’s mistake and reflects the Defendant’s fault; (c) the Defendant did not have any criminal record exceeding the same criminal record or fine; and (d) the Defendant appears to have not acquired actual profits from the instant crime; and (b) the Defendant’s age, sex behavior, family relationship, living environment, means and consequence of the instant crime; and (c) the sentence as set forth in the Disposition

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