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(영문) 인천지방법원 2017.06.08 2017고단2809
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If 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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, the Defendant, at around 10:30 on January 18, 2017, is the Defendant’s workplace located in Guro-gu Seoul Metropolitan Government, using one week if he/she lends his/her account to a trade company employee in order to benefit from trade duties, and 3.5 million won per one account if he/she lends his/her account to a trade company employee.

“After receiving and consenting to the proposal to the purport, one physical card connected to the National Bank Account (E) in the name of the Defendant was issued to the above-mentioned person via Kwikset Service, and the password was added.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on transaction details;

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.

Although the defendant has been sentenced to a two-time suspension of execution and a four-time fine, he does not have the same criminal records.

There is no profit actually earned by the defendant.

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

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