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(영문) 대전지방법원 홍성지원 2017.08.22 2017고단334
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, around 15:00 on December 24, 2016, the Defendant promised to receive KRW 3 million from the street in front of the Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, to receive KRW 1,000,000, and issued a copy of the physical card connected to the Defendant’s nameless account (Account Number B).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on account 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. In light of the fact that the Defendant’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) expectations monetary consideration and actually used to commit the phishing fraud, there is a need for strict punishment for the Defendant in light of the fact that the access media that the Defendant lent to a person with no name is a serious social problem.

However, in full view of the various circumstances, such as the confession of the defendant to the crime of this case, the fact that the defendant has no record of being punished for the same kind of crime, the fact that the defendant has no profit to actually acquire, the defendant's age, sexual conduct, the process and motive leading to the crime of this case, the circumstances before and after the crime, etc., and the conditions of sentencing as shown in the records and arguments, the punishment shall be

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