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(영문) 수원지방법원 안산지원 2018.08.24 2018고단1396
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or receive any payment for any electronic financial transaction access medium issued by a financial institution, while receiving, demanding or promising to lend it.

Nevertheless, on September 24, 2017, the Defendant accepted the proposal that “The Defendant would pay rent of KRW 3 million per account, if he/she lends an account,” from a person in the name of the deceased. On the same day, at around 14:00 on the same day, Kwikset service article sent by the deceased in front of the Kwikset service article in the name of the Defendant to the new bank account (D) in the name of the Defendant, and notified the deceased in the name of the above.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant legal provisions regarding criminal facts and Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment (i.e., the preparation of punishment; (ii) the period during which the Defendant was a repeated crime; and (iii) the Defendant’s crime of this case was actually abused as a means of phishing fraud; however, considering the fact that the Defendant recognized the facts charged and reflected the facts charged; and (iii) the fact that the Defendant paid an entire amount of damage to the victim of the fraudulent crime and agreed on the payment thereof, etc.);

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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