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(영문) 춘천지방법원 강릉지원 2019.05.02 2019고단235
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

In using and managing the means of access, no one shall lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, after hearing the horses, sent the e-mail card to the name-dissured passenger, “I wish to lend the e-mail card so that I may pay interest.” On December 5, 2018, the Defendant sent the e-mail card to the name-dissured passenger and sent the e-mail card connected to the e-mail’s account in the name-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A certificate of confirmation, certificate of transfer transactions, certificate of customer personal information inquiry, and certificate of actual results of gold transactions;

1. Investigation reports (to hear statements of suspects and attach details of account transactions);

1. Application of Acts and subordinate statutes to report internal investigation (attaching a certificate of deposit of damage);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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, it is favorable that the defendant recognizes and reflects the crime.

In addition, various sentencings 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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