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(영문) 수원지방법원 여주지원 2018.11.13 2018고단975
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 31, 2018, the defendant received a proposal that "if he/she lends his/her physical card for five days from a person who has no name, he/she will pay three million won per head if he/she lends his/her physical card for five days," and the same year.

8. 1. 1. At around 16:30, in front of the Young-si, Young-si, Young-si, the Kwikset service article, via Kwikset service articles, three physical cards, including one physical card linked to the national bank account (Account Number: B), one physical card linked to the new bank account (Account Number: C) and one physical card linked to the Saemaul Bank account (Account Number: D), were sent en bloc to the non-name, and the password of the above physical card was notified to the Kakao Stockholm.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authenticity and written statements;

1. Application of the Acts and subordinate statutes to the Kakao Stockholm and to capsizing text messages;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s access media was used for the Defendant’s phishing criminal act, the number of access media leased by the Defendant, etc. shall be taken into account in an unfavorable condition, but the time and reflects, and the fact that there was no benefit obtained by the Defendant and no substantial damage was incurred due to the Defendant’s fraudulent act by the phishing, etc. shall be considered as favorable circumstances.

In this regard, the sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, are considered as the order.

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