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(영문) 인천지방법원 2018.05.11 2018고단2110
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, such as an electronic card used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions, or any other similar information, etc., upon receipt of consideration, request or promise.

On November 27, 2017, the Defendant is required to keep a borrowed account to reduce taxes from those who are in the name of the modern department store, which is located in 1005 in Gangdong-gu Seoul, Gangdong-gu, Seoul.

If the account is lent for three days, 1.8 million won shall be paid.

“Along with the word “,” and through Kwikset service article sent by the above-mentioned person, one head of Cock Card connected to the account of the Defendant’s name (B).

Accordingly, the defendant agreed to the other party to lend the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as a detailed statement of deposit and withdrawal transactions, account transaction details, etc.;

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant’s access media was actually used for the phishing fraud, etc., causing considerable damage.

The crime of the defendant is likely to be difficult to arrest the criminal who committed the crime by using the access media in fact, and there is a great social harm such as making it difficult to recover the victims' damage.

The defendant shall be subject to criminal punishment nine times.

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