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(영문) 인천지방법원 2017.04.13 2017고단542
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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

On November 19, 2016, the Defendant offered a proposal that he/she will pay 600,000 won per day of lending the physical card from a person who is not the name of his/her cell phone with one week from the person who is not the owner of his/her cell phone. On November 21, 2016, the Defendant lent the access media by promising that he/she will pay 60,000 won per day of lending the physical card from the person who is not the owner of his/her cell phone. On November 21, 2016, Incheon Gyeyang-gu Apartment apartment security office linked to the Nong Bank's account under the name of the Defendant and the Nong Bank's name E (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Data on response by each bank;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (not including the fact that the access media leased by the defendant was actually used for the commission of the phishing crime, but the crime is not good, considering the fact that there is no criminal record for the same kind of crime, and that the defendant reflects his mistake);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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