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(영문) 전주지방법원 군산지원 2019.09.25 2019고단731
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 14:00 on January 12, 2019, the Defendant: (a) proposed to the effect that “The head of the Si/Gun shall lease a physical card to receive customs benefits, and pay KRW 3,00,000,000,000 to the two main usage fees per sheet of the C-(State) logistics support team, a raw material importer,” from a person who misrepresents the staff of the distribution support team; and (b) delivered one physical card connected to the D-bank account (E) under the name of the Defendant through Kwikset service article.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the reply statutes to requests for the provision of financial transaction information, such as details of transactions of automation machinery;

1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (Selection of Fines) of the choice of punishment [to select fines in consideration of the following: (a) the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act, such as lending, etc., can be abused for crimes, such as engaging in new service, evasion of taxes, and gambling, etc.; (b) the act of lending means of access has been committed as long as social abolition has been promised and the act of lending means of access has been committed; and (c) the actual occurrence of the victim of Bophishing is not easy to take into account the fact that there is no record of punishment exceeding the Defendant’s serious reflectness

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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