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(영문) 인천지방법원 2018.06.08 2018고단2509
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

On January 2018, the Defendant: (a) at the entrance of the Nam-gu Incheon Metropolitan City apartment C apartment 3, the Defendant would give a loan to KRW 300,000 by telephone from a person without his/her name; (b) however, if the Defendant sent a physical card connected to his/her account under his/her name, he/she would hold a loan by accumulating the transaction performance and reserving the transaction performance.

In receipt of the proposal to the effect that ", after accepting it, leased one head of the physical card connected to the new bank account (D) in the name of the defendant through a non-personal male.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on internal investigation (to attach new data on response to banks);

1. Details of transactions of deposits and withdrawal, and application of the Acts and subordinate statutes on new bank response data;

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 under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) promises to receive any intangible expected profit that can be loaned, and lends the approaching medium. Such a 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. As such, there is a need for the punishment.

The Defendant’s access media seems to have actually been used to commit the phishing fraud, thereby causing damage.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The defendant has no record of criminal punishment before the crime of this case is committed.

The defendant took part in the criminal act of Bosing fraud.

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