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(영문) 창원지방법원 2018.03.23 2018고단85
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding, or promising to receive, demand, or promise any consideration in using or managing the access medium.

Nevertheless, on September 2017, the Defendant listened to the speech that “if he operates a liquor company, and transfers a physical card necessary to save taxes through the selective distribution service, he would pay KRW 300,000 per account per day per account” from a person in the name of the police officer in the middle of September 2017, the Defendant sent one physical card connected with the Defendant’s name-based bank account (number : B) at the office of Kimhae-si, Kimhae-si, 83, and Kimhae-si, 176, a day before Kimhae-si, and one card connected with the Defendant’s name-based bank account (number : B).

As a result, the defendant promised to receive compensation and lent the access media to others.

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 to a certificate of deposit confirmation, inquiry about personal information of customers, and certificate of deposit transaction;

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. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, it is difficult to commit a crime of recklessly lending a person who is unable to identify the defendant for the purpose of obtaining illegal profits by very secret access media used for electronic financial transactions.

Since the access media leased by the defendant was actually used as a means of committing the phishing crime against many other persons, the outcome of the crime is not somewhat weak.

However, the defendant reflects his fault in depth.

To the extent that the Defendant’s access media is also used for serious crimes such as licensing.

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