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(영문) 수원지방법원 안산지원 2018.08.24 2018고단1285
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant is the head of the name-free alcoholic beverage B from the name-free box (one named B division) who had contacted the Defendant with his/her cell phone around December 12, 2017, to “(one week B division).”

Before the end of the year, the company's tax return is reduced, and the company's check is received.

A card shall be paid KRW 1.5 million per card and shall be returned after three days' use.

“On December 13, 2017, at around 12:00, the proposal was received and accepted, and then sent a physical card connected to the Agricultural Cooperative Account (G) in the name in Daegu-gu, Dong-gu, Daegu-gu (F agency) to the name-free boxes (G agency) in Dong-gu, Daegu-gu) on December 13, 2017, and the password was notified through the text messages.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Although the pertinent legal provisions on criminal facts and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, the Defendant’s crime of this case was actually abused as a means of phishing fraud (the Defendant’s crime of this case was committed as a means of phishing fraud), the Defendant’s crime of this case was committed during the period of this type of repeated crime, it is good that the Defendant committed the instant crime even during the period of this type of repeated crime, considering the following circumstances: (a) the fact that the Defendant recognized and reflected the facts charged; and (b) there is no evidence that

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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