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(영문) 청주지방법원 제천지원 2017.09.21 2017고단187
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 April 19, 2017, the Defendant: (a) proposed that he would lend 1,500,000 won in return for the loan of the account from a person in the name in the front of the low calcolu apartment in the name of the Defendant; and (b) lent 1,50,000 won in the face of the loan of 3 notes to the name in the name of the Defendant’s bank account; (c) through Kwikset service article, Kwikset leased 1 copy of the physical card connected to the company bank account in the name of the Defendant’s name in the name of the Defendant; and (d) one copy of the physical card linked to the bank account in the name of the Defendant’s bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Application of Korean Acts and subordinate statutes to a factual inquiry (bank);

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 company bank cream card with the largest 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:

It seems that there is no benefit of the Defendant’s acquisition, and there is no criminal history, since the Defendant lent three copies of the access medium, one of the access medium leased by the Defendant was used for the crime of fraud (phishing), the remainder of two is also used for the illegal purpose.

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