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(영문) 대구지방법원 포항지원 2018.01.10 2017고단2
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend or lend any access medium with the receipt of, demand for, or promise to provide compensation in the course of using and managing the access medium.

Nevertheless, on June 2016, the Defendant received a proposal from a person in unsound name at a place less than a port of distribution (hereinafter referred to as “B”) to the effect that “on the face of leasing a gold account for sales proceeds to C’s agent, who is an alcoholic beverage business, 2,000,000 won at the time of use for 3 days per account, and would make an additional payment of 10% of the daily deposit amount.” On June 20, 2016, the Defendant sent the physical check card connected to the Defendant’s bank account under the name of the Defendant at the port of port (E) no more than the Nam-gu, Yong-gu, 2016.” On June 20, 2016, the Defendant puted the name Kwikkset service engineer who sent the above name-based card to the Plaintiff.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes to verify deposits, submit replies to financial institutions, and details of transactions of deposits and withdrawal;

1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on the elective Electronic Financial Transactions, and the selection of fines (where an access medium leased by the defendant was used for the phishing crime, considering that the amount of damage is not relatively higher than the amount of damage, and that there was no record of the same kind of crime, etc.);

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

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

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