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(영문) 대전지방법원 서산지원 2018.05.31 2018고단247
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, on January 8, 2018, the Defendant received a proposal from a person in unsound name who was introduced as the team leader of the Company B from the Buddhist land on January 8, 2018 to the team leader of the Company B, that “it is different from 30,000 days to use the Company’s tax reduction or exemption. It is also the same month in response thereto.”

9. At around 15:00, at the D office located in Yangju-si, one copy of the E-bank Card in the name of the Defendant (C:F) was sent to the name infinite, and the password was notified to the name infinite, and lent the accessible medium in return for the price and return.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to transfer;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires the strict act of lending an access medium which is the beginning of the criminal act of phishing fraud, and the defendant's lending media is not easy, but is against the defendant's liability, such as where the defendant actually uses the access media for phishing fraud, resulting in damage. However, the defendant's recognition of the criminal act, the defendant seems to have no profit acquired from the criminal act of this case, the defendant is deemed to have no same criminal record, the defendant's age, sexual behavior, career, home environment, motive for the criminal act, and the circumstances after the criminal act, etc., shall be determined as ordered by taking into account all the various circumstances, including the sentencing conditions specified in the argument of this case.

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