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(영문) 춘천지방법원 강릉지원 2019.07.18 2019고단665
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

No person shall lend a means of access while demanding, demanding or promising compensation.

Nevertheless, at around 15:00 on April 3, 2019, the Defendant received 2,100,000,000 won for each 3-day rental fee from a nameless person who misrepresented the employees of a liquor company, and delivered 3 e-mail cards connected to the account of Kwikset Bank (C, D) and one bank (E) via Kwikset Service Articles.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written confirmation of details of transactions and a reply to financial data;

1. Investigation report (Details of text messages submitted by a suspect A);

1. Application of Acts and subordinate statutes concerning the details of transactions, details of transactions, and details of transactions, and details of transactions, to a bank account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized the crime and reflects it, and that it is the first offender who had no record of punishment prior to the instant case is favorable.

In addition, various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

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