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(영문) 서울남부지방법원 2018.12.20 2018고단5742
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, around 14:00 on July 13, 2018, the Defendant sent the text message of “bak-line rental” to the Defendant’s cell phone from D Office located in Gangseo-gu Seoul Metropolitan Government building B, and on June 2018, the Defendant sent the text message of “bak-line rental” to the Defendant’s cell phone.

E Subject to KRW 800,000 per day to a person named as the team leader of the E Company F team, he sent a physical card connected to G bank account (Account Number: H) under the name of the Defendant through the Okwikset Service Delivery Board where his name is unknown, and informed a person whose name is unknown of the phone number by wire.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The authenticity and statement of the F;

1. A copy of a bankbook, inquiry into the results of transfer by I bank, and mobile phone messages;

1. A detailed statement of account transactions in G bank;

1. The application of Acts and subordinate statutes governing the CCTV image photographs containing damage; 1. The application of investigation reports (related to filing of suspect A data), the specifications of transaction in G bank account, the mobile phone number, and the text message of e-mail card lending;

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 act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and springing. In fact, the Defendant’s access media was used for the phishing fraud and the victim was actually generated.

However, it seems that there is no benefit acquired by the defendant due to the crime, the motive and background of the crime, the circumstances after the crime, and the age of the defendant.

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