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(영문) 청주지방법원 제천지원 2018.09.13 2018고단235
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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on April 2, 2018, the Defendant, at the Dcheon-si Office located in Seocheon-si C around 16:00, proposed that the Defendant “on the face of 200 to 25 million won from the account holder for three to four days,” and lent a copy of the e-mail card connected to the Saemaul Treasury Account in the name of the Defendant to the name in the name in the name in the name in the name of the Defendant, using the e-mail, a copy of the access medium used in the e-mail electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on the certificate of transfer confirmation and details of account transactions;

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

There is a little amount of damage.

The favorable circumstances: The mistake is recognized and reflected.

It seems that there is no benefit gained by the defendant in reality.

The accused has a disability of grade 5 with delay.

Defendant has no record of the same crime.

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