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(영문) 인천지방법원 2017.11.09 2017고단5160
전자금융거래법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. In using and managing access media, no person who is a defendant A shall engage in an act of leasing or lending access media while demanding, demanding or promising the consideration, unless otherwise specifically provided for in other Acts;

On February 19, 2017, the Defendant received a proposal from Dorin B to offer a 500,000 won per day of lending Dorin Card from Dorin B, and the Defendant issued a Dorin’s credit card (F) to a person whose name is not known through the above B, and lent the access media with a promise to notify the password of the password.

2. In using and managing access media, Defendant B shall not engage in an act of leasing or lending access media while demanding, demanding or promising the compensation, unless otherwise specifically provided for in other Acts;

On February 19, 2017, the Defendant: (a) received a proposal from a person whose name is unknown to provide a PC card to KRW 500,000 per day; (b) issued a national bank account (G) in the name of the Defendant to a person whose name is unknown; and (c) lent an access medium with a promise to notify the password of the password.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A written confirmation of transfer transaction;

1. Responses;

1. Application of Acts and subordinate statutes on a certificate to open an account and a financial transaction statement;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime, and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of a fine for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Orders is that the access media distributed by the instant crime may be used for the phishing crime, etc., and Defendant A’s passbook appears to have been partially used in the process of the relevant crime.

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