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(영문) 청주지방법원 제천지원 2018.12.20 2018고단341
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, the Defendant, on July 17, 2018, proposed that “If he lends his account for three days from the person in the name in front of and in the name of the Defendant, he would give KRW 3 million in cash,” through Kwikset Service Articles, and lent a physical card card (C) connected to the Defendant’s corporate bank account under the name of the Defendant to the name in the name of the non-party.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Character messages printed out;

1. A copy of a certificate of confirmation;

1. Statement of transactions by account;

1. Application of Acts and subordinate statutes on banking 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 amount of damage caused by fraud is about 6 million won.

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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