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(영문) 인천지방법원 2017.10.12 2017고단6435
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around July 6, 2017, around 17:00, the Defendant lent one cash receipt card from a person who is not his/her name in front of the Seo-gu Incheon, Seo-gu, Incheon, 402, to receive KRW 3 million in return. In return, the Defendant lent one cash receipt card from one bank C account in the name of the Defendant to the person who is not his/her name and notified the password. Accordingly, the Defendant promised to pay for the lending of an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of reply statutes to requests for details of financial transactions;

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 actually used for the phishing, causing considerable damage to the defendant is also disadvantageous to the defendant.

However, as the family head office that raises children including young children, the defendant did not have a high possibility of re-offending, and the reason for the suppression of re-offending has been diminished in the procedure prior to punishment as he was investigated and tried in the status of the first offender.

It shall be sentenced to a fine by integrating the factors of sentencing, including the fact that there is room to see, the background of lending access media, the actual payment ability, etc.

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