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(영문) 창원지방법원 2018.04.20 2018고단419
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

On November 2017, the Defendant accepted the proposal that “If he/she lends the e-mail card to five to six days, he/she shall pay 3 million won per 1 head of the e-mail card and return the e-mail card to the e-mail at the end of November 2017.”

On November 27, 2017, at around 18:30, the Defendant sent his name to the deceased through Kwikset Service Officer, a copy of the C Apartment in the name of the Defendant's mother-friendly D in front of 109, which is an access medium connected with the Defendant's Kim Sea Saemaul Savings Account (E).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to details of transactions of entering and withdrawing by receipt period;

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 acquiring 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.

However, the defendant reflects his fault in depth.

It seems that the Defendant also lent the access media that he lent to the Defendant, without being aware that the media would be used for serious crimes such as Bosing.

As a result, it seems that there is no profit acquired by the defendant through the crime of this case.

The amount of damage is not very significant.

This case.

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