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(영문) 청주지방법원 제천지원 2017.06.29 2017고단125
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

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, on March 8, 2017, the Defendant: (a) received a proposal from the office of Incheon-si, as of March 8, 2017, that “When sending a cash card, the Defendant would obtain a reduction of or exemption from taxes on liquor supply using that account; and (b) would pay 10% of the reduced or exempted taxes as rental fees to the bearers of the post office; and (c) lent a cash card connected to the bank account (B) in the name of the Defendant’s name to the bearers of the bank account in the name of the Defendant, one cash card connected to the bank account (B) in the name of the Defendant.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as receipts and account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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 access media leased by the defendant is used for the crime of phishing and reflects it, the fact that it seems that there is no benefit from the defendant's acquisition, and there is no criminal history.

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