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(영문) 인천지방법원 2017.05.18 2017고단2674
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

No person shall lend or receive any access medium in return for receiving or promising to receive such consideration.

Nevertheless, around 10:00 on November 29, 2016, the Defendant received a proposal from his name-free person before the Dongjak-gu Seoul Metropolitan Government Hospital, stating that “The Defendant would give KRW 700,000 won per day of lending the account,” and consented to it. On November 29, 2016, the Defendant issued a physical card linked to the company bank account (D) in the name of the Defendant to the above person via Kwikset, and added a password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to notify other remittance receipts and data on financial transaction status;

1. Relevant legal provisions and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (the choice of punishment, and the reasons for sentencing as follows);

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 Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

The fact that the access media that the defendant lent to the criminal organization was actually used for the crime, and the damage has not been recovered is considered to be disadvantageous.

However, the sentencing factors, including the background of lending access media, the amount of damage, the character and conduct of the defendant, shall be sentenced to a fine.

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