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(영문) 서울남부지방법원 2018.07.24 2018고단1394
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

Criminal facts

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on December 2017, the Defendant: (a) promised to receive letters from a person who was in the name of the deceased at the end of the end of the year and to borrow KRW 3 million per month; and (b) promised to receive a loan fee of KRW 3 million per month; (c) opened in the name of the Defendant at the seat of B Hospital funeral convenience store adjacent to the funeral hall of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government on the same day, and (d) opened in the name of the Defendant at the seat of D Bank (E) so that the said person

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Data on response to financial transactions;

1. Application of text-based statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the access media leased by the Defendant for the reason of sentencing of the order of provisional payment is not sufficient to constitute a crime because it was actually used for the phishing crime, but it appears that the Defendant did not obtain the price for the lending of the access medium, etc., and the sentence shall be determined as ordered in consideration of the various circumstances shown in the process of the record

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