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(영문) 수원지방법원 2018.04.03 2017고단8594
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant uses an account under the name of another person as a tax issue, and will provide three million won when he/she lends the account.

“Around May 11, 2017, in response to the proposal of a person without his/her name, sent to Kwikset service article a nameless person in front of his/her old apartment house 5:41, Jung-gu, Young-gu, Young-gu, Hong-si, Makset service article, who was named in front of his/her old apartment house 5:00 on May 11, 2017, one head of the physical card connected to the company bank account under the name of the Defendant, with the phone call, sent the account number and password to the person without his/her name and receive compensation, and lent a accessible medium.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the specifications of transactions of automation machinery, receipts, verification certificates, customer basic information inquiry, details of accounts classified by account, and bank transaction statement;

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

1. Selection of a selective fine for punishment (all circumstances, such as the following: (a) the defendant repents and reflects the crime of this case; (b) the money deposited into the defendant's account appears to have been returned to the phishing victim; and (c) the defendant is the first offender who has no record of criminal punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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