beta
(영문) 인천지방법원 2018.06.08 2018고단2501

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 with a promise to pay for the use and management of the access medium.

On December 28, 2017, the Defendant, located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon on December 15:0, 2017, from D Hospital 707 head office of D Hospital 707 head office, and prior to that time, “to provide loans” by telephone from a person who is not his/her name. If the Defendant sent a e-mail card connected to the account under his/her name, he/she will hold a loan by accumulating the transaction performance.

“After receipt of the proposal to the effect that “,” and accepted it, Kwikset leased one head of Cock Card connected to the Defendant’s name’s bank account (E) through Kwikset Services.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Results of the transfer management by deposit account;

1. Application of Acts and subordinate statutes to the inquiry table of customer information and details of transactions of entry and departure;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Punishment of the Criminal Act (hereinafter referred to as the following sentencing grounds) are that the access media that the Defendant promised to receive a loan with an intangible expectation profit, was actually used in the singishing fraud crime, and that the case is minor in consideration of the recent singishing fraud crime using the access media of electronic financial transactions and the serious damage therefrom.

It is difficult to see it.

In addition to the crime of this case, the defendant seems to have lent the additional access media.

However, the defendant shows the form of recognizing and opposing the crime in this court.

The defendant has no record of criminal punishment before the crime of this case is committed.

The defendant does not seem to have directly participated in the phishing fraud crime, and he does not appear to have directly participated in it.