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(영문) 창원지방법원 2018.05.18 2018고단549
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

On August 16, 2017, the Defendant issued a proposal to the effect that, in front of the Defendant’s residence located in Seongbuk-gu, Changwon-si, Sungwon-si, the Defendant would give KRW 6 million to the account, if he/she lends the account, at least 3 months of the loan of the account, to the account, and then delivered the physical cards and passwords connected to the new bank account under the name of the Defendant through Kwikset Services.

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 regard to D (including attached documents);

1. Application of Acts and subordinate statutes to financial replies;

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 acquiring illegal profits, is not a good crime.

The defendant's access media was newly issued solely for the purpose of lending, and it seems that it was actually used as a means of phishing crime.

However, the defendant reflects his fault in depth.

The defendant also seems to be in this case because he did not know that his access media was used for serious crimes such as Bosing.

The lending media is only one case. As a result, it seems that there is no benefit that the Defendant acquired through the instant crime.

The degree of damage is not much serious.

Until now, there have been some problems.

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