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(영문) 인천지방법원 2017.04.20 2017고단529
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

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, the defendant, on November 10, 2016, will give KRW 150,00,000 to the month when he/she lends the passbook and the check card to a person who operates a private soil.

“On the same day, one check was sent and promised to receive the price, and then, on the same day, one physical card connected to the national bank account (C) in the name of the Defendant in front of Suwon-gu B04, Suwon-si B04, and one and one password was sent to the nameless person through Kwikset Service Officer.

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

Summary of Evidence

1. The application of the police statements made by the defendant on the statement D in the name of the victim of the national bank account (E) response to the transaction details in the name of the victim (A).

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 act of lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for singing, singing, etc.

Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media leased by the Defendant was used for the phishing crime, resulting in the victim.

However, the defendant recognized his mistake and reflected his mistake.

The defendant has only been sentenced to a fine once (as of 2000). The defendant has no profit in fact.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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