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(영문) 대전지방법원 서산지원 2018.05.03 2017고단982
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 one shall lend any access medium while giving instructions in electronic financial transactions or using and managing any access medium used to secure the authenticity and accuracy of users and the details of such transactions, unless otherwise expressly provided for in other Acts.

Nevertheless, on July 21, 2017, the Defendant, at the D convenience store located in Jinjin-gun C located in Jinjin-gun, borrowed the access media in return for consideration by promising to use the physical card in the name of the party in return for three million won in return for using it for three days if he/she lends it to a liquor company's tax reduction or exemption.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Statement of account transfer;

1. Details of Kakao Stockholm messages;

1. Application of Acts and subordinate statutes to a national bank of search and inspection warrant or reply;

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 of the Provisional Payment Order requires strict recognition of the act of lending a approaching media that is the beginning of the phishing fraud crime, considering the circumstances where the access media that the Defendant lent was actually used for the phishing fraud crime, the Defendant’s acknowledgement of the crime and reflects the fact that the damage was incurred, the benefits acquired by the Defendant appears to have no other criminal record, and the Defendant’s age, sex, career, home environment, and the crime is committed.

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