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(영문) 창원지방법원 2018.11.16 2018고단2569
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 one shall borrow or lend any access medium with the knowledge that it will be used for a crime or for receiving, demanding or promising any consideration.

The Defendant, on June 25, 2018, tried to operate Company B by telephone from a person who is not named in the name of the Defendant, in order to meet the requirements for government subsidies, using a personal account in order to meet the requirements for government subsidies.

600,000 won per day of the face-to-face card lending.

On June 26, 2018, at around 10:0 on June 26, 2018, after accepting the proposal, “Swikset Card 1, which was linked to the Defendant’s Saemaul Depository Account (C) in front of the 607-dong, Gannam-si, Kim Jong-si, 1864, was sent to Kwikset service article.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A statement of transaction, a statement of inquiry into customer information (23 pages of evidence), a statement of deposit transaction (24 pages of evidence), and a statement of account transaction (9 pages of evidence);

1. Application of statutes on the details of Kakao Stockholm text messages

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, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

Since the access media leased by the defendant was actually used as a means of the phishing crime, the result of the crime is not less than that of the crime.

(b).

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