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(영문) 대구지방법원 안동지원 2018.06.08 2018고단38
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

Punishment of the crime

No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, the defendant, on October 2017, will pay KRW 2 million to the month when the head of the Tong was lent to him/her.

“On November 1, 2017, the phone received the phone with the content and accepted it to receive KRW 880,000 per month from Andong-si D Hospital D Hospital 880,000,000 per month, and one physical card connected to the national bank account (number : E) under the name of the Defendant was sent to the above person without the name of Kwikset through Kwikset Services.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Detailed statement of each deposit transaction, details of each deposit and withdrawal transaction, application of Acts and subordinate statutes on new transactions by banks;

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 transfer and lending of access media for electronic financial transactions on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act can be used as a means of other crimes. In this case, the access media leased by the Defendant was used for the phishing crime, thereby causing damage.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no profit acquired by the defendant due to the instant case.

There are no criminal records which exceed the same kind of crime and fine.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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