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(영문) 대전지방법원 논산지원 2018.04.20 2018고단5
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

No person shall borrow or lend any access medium or distribute it to keep, deliver or receive any consideration or promise.

On August 20, 2017, the Defendant: (a) received a written message from a person who was named in the name of the Defendant, and (b) lent a accessible medium, promising to deliver a physical card connected to the Defendant’s name to the Defendant’s Saemaul Depository account (E) through Kwikset service, which is located in C at the same day, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on response to financial transaction information;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was that the Defendant easily committed the instant crime, and the victim of the phishing was found to have committed the instant crime.

However, the punishment shall be determined by taking into consideration the fact that the defendant has mistakenly recognized and has no previous record of the same kind.

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