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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2227
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

No person shall lend or lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on April 25, 2018, the defendant introduced himself as an employee of a liquor company by telephone from the nameless person who introduced him as an employee of the liquor company. "In the case of a liquor company, the card connected to the account for tax purposes is KRW 300,000,000 for three days."

“In mind,” upon receiving the proposal, he sent a physical card connected to his own account, to the Kwikset Service Articles who sent one physical card connected to the Defendant’s name from the Incheon Bupyeong-gu C and the first floor of May 7, 2018 to the national bank account (D) in the name of the Defendant.

Accordingly, the Defendant lent an access medium while receiving, demanding, or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of the entry into and withdrawal from a new cooperative, and details of transactions of deposits by national banks;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant lent the approaching medium in return for promise, and the nature of the crime is not good.

The leased media was used for the phishing crime.

There was no agreement with the victim on the crime of Bosing.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of punishment for the same crime.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the theory of change.

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