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(영문) 인천지방법원 2018.05.09 2018고단1158
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

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 November 24, 2017, the Defendant accepted the proposal that “I will give a statutory maximum interest rate and not legally operate as a matter of course because we are operating it, and if you send the Defendant’s physical card that can receive interest and principal, I will give a loan to Ikwikkset through Kwikset’s service to the Defendant’s bank account (D) connected to the Defendant’s name and the Defendant’s bank account (D).”

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. E statements;

1. Application of Acts and subordinate statutes to the specifications of a report on occurrence (phishing) and transaction;

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. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The access media issued by the Defendant for the reason of sentencing under Article 59(1) of the suspended sentence (the following favorable circumstances) of the Criminal Act is highly likely to be used as a means of other crimes, such as Bosing, etc. In fact, the crime of this case was used as a means of other crimes. Meanwhile, the crime of this case was committed in return for promising the Defendant to obtain an intangible expected profit capable of receiving a loan, and lent the access media; the Defendant did not intend to obtain direct benefit, such as rent, etc.; the Defendant is against the instant crime; the Defendant is committing the instant crime; the Defendant has no history of criminal punishment other than the sentence of a fine once for the instant crime; the Defendant is the victim of the phishing crime using his own account.

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