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(영문) 청주지방법원 제천지원 2017.07.20 2017고단157
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 an access medium with his/her promise to use and manage the access medium.

Nevertheless, at around February 2, 2017, the Defendant: (a) borrowed a physical card (E) No. 1 connected to the Defendant’s name-based bank account (F) that is connected to the Defendant’s new bank account in the name-based name, and (b) lent a four-way access medium used in the electronic financial transaction by case of using a four-day bank account from the name-based person. (c) On February 2, 2017, the Defendant borrowed a physical card (G) connected to the Defendant’s name-based bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of records;

1. The details of a new bank passbook under the name of A, the details of a national bank passbook under the name of A, the details of transactions of a new bank account in the new bank account, and the application of statutes

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act due to lending of a national bank with a heavier penalty);

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

The fact that the Defendant lent 2 chapter of the access media, the fact that the access media leased by the Defendant was used for the commission of the phishing crime, the fact that the Defendant’s acquisition seems to have no profit, and there is no criminal history.

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