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(영문) 수원지방법원 2018.06.07 2018고단2320
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, around October 2017, the Defendant agreed to receive KRW 1,80,000 from the Defendant’s home located in Suwon-si, Suwon-si, to receive an account fee of KRW 1,80,000 from a person whose name is unknown, and sent a physical card, which is an access medium of the company bank deposit account (Account Number (C) in the name of the Defendant, to a person whose name is unknown using Kwikset Service, and notified him of the account number and password by telephone.

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 against D;

1. A certificate of details of deposit transactions;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and subparagraph 10 of Article 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was actually used for the phishing crime, and the victim was the third victim.

The Defendant’s crime of this case led to the disturbance of the financial transaction order.

However, the Defendant recognized the instant crime and is against the Defendant.

Prior to the instant case, the Defendant was only punished by a fine of this kind for a crime of this case.

The amount deposited in the defendant's account was returned to the victim.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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