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(영문) 대구지방법원 2018.07.26 2018고단2904
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On January 18, 2018, the Defendant borrowed an account to be used for the purpose of entry and exit in a carhouse from a person with no name but to pay KRW 300,00 per day per week.

“On January 22, 2018, at the convenience store next to the D High School in Daegu si-gu, Daegu si-gu, Around 10:00, “A” notified the nameless person of the titleless and secret number through a one copy of the C Card connected to the Defendant’s name bank account (Account Number:F).

In this respect, the defendant promised to pay for, and lent the access media to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the workhouse, the Defendant lent the access medium, and the crime liability is not somewhat weak in that the access medium was used for the phishing crime.

However, the defendant's age, sexual behavior, environment, circumstances leading to the crime, etc. are considered to have been taken into account, and the defendant's age, sexual behavior, and environment, and the circumstances leading to the crime after the crime are considered to have been committed. However, the defendant's punishment shall be determined as ordered in light of the following: (a) there has been no history of punishment so far; (b) 4.2 million won out of 5 million won remitted money transferred by the victim of the phishing crime.

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