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(영문) 창원지방법원 2018.09.07 2018고단1842
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lease any access medium or distribute storage and delivery while demanding, demanding or promising the consideration in using and managing access media for electronic financial transactions.

On April 6, 2018, the Defendant: (a) around 14:00, before the Defendant’s shop located in B of Changwon-si, the Defendant, who was unable to know the name by telephone, deposited the liquor price by dividing it into several accounts, from a person whose name is not known by telephone.

Upon receipt of a proposal to the effect that, in order to reduce liquor tax, the Cze Card will be paid 15% of the money deposited in return for the three-day use of the Cze Card on the face of the week, the Cze Card was sent to the Defendant using Kwikset Service Articles to the Defendant’s name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to deposit receipts and response materials by financial institutions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the result of the crime is not less than that of the crime.

However, the defendant reflects his fault in depth.

The defendant does not know that his access media was used for serious crimes such as licensing.

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