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(영문) 청주지방법원 제천지원 2018.07.12 2018고단134
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

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, on January 2018, 2018, the Defendant: (a) received a proposal from an unnameless person, “on the face of KRW 3 million from the bank account,” and (b) lent a physical card card (C) connected to the post office account under the name of the Defendant to a nameless person via Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on financial transactions;

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

The favorable circumstances: The mistake is recognized and reflected.

It seems that there is no benefit gained by the defendant in reality.

The Defendant is an initial offender who has no criminal history.

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