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(영문) 창원지방법원 통영지원 2018.03.28 2017고단1865
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

Except as otherwise expressly provided for in other Acts, no person shall lend the access medium while promising to receive the price in using and managing the access medium.

On August 2017, the Defendant agreed to receive three million won per account from an infinite person in front of C in the name of the Defendant on the front of C, which was located in Swikset City B, and sent the physical card connected to the post office account (D) in the name of the Defendant to Kwikset service articles.

As a result, the defendant promised to receive the price and sent one copy of the approaching media to the person who is not the victim of his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a certificate of transfer confirmation and a letter of return to a post office account;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following facts: (a) the Defendant’s access media that was lent to the Defendant for the purpose of easily punishing the money was generated by using it for the phishing crime; and (b) the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered in determining the punishment as ordered by the order.

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