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(영문) 수원지방법원 2018.08.07 2018고단3071
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

Criminal facts

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on September 22, 2017, the Defendant promised to receive KRW 2 million of the account fee of KRW 3 million from a person whose name is unknown, and sent a physical card, which is an access medium connected to the deposit account (Account Number:D) in the name of the Defendant, via a phone, and notified the account number and password by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A table of inquiry into details of liquidity transactions, customer information, etc.;

1. A written petition;

1. Application of Acts and subordinate statutes to a report on investigation (a text conversationd by a suspect A to Kakaoooo)

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine for punishment ( full consideration of all the circumstances, including the following: (a) the defendant repents and reflects the instant crime; (b) the defendant seems to have no profit from the crime; (c) the defendant has no record of criminal punishment; and (d) the defendant’s access media have been used for the phishing crime);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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