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(영문) 인천지방법원 2018.09.13 2018고단5359
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend or lend any access medium with the knowledge that such medium is to be used for a crime, demanding or promising to receive compensation therefor, or knowing that it is to be used in such crime.

Nevertheless, on June 2016, the defendant, who had misrepresented the staff of the savings bank in early 2016, should not be given a loan to a person who has bad credit standing.

However, if we send the check card, we will repeatedly create the transaction performance and increase the credit rating of the party's credit so that 5 million won can be loaned from other banks.

“ Upon receipt of a proposal to the effect that “, at around 14:00 on the 14th day of the same month, he sent to Kwikset service article, by inserting a physical card connected to the Defendant’s name bank account (C) in front of No. 240 on the 14th day of the same month, and sending it to Kwikset Service article, by inserting a simple book.

As a result, the Defendant promised to receive the price, and, at the same time, lent the access media with knowledge that it would be used for crimes such as “the act of deceiving financial institutions by deceiving financial institutions”.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notice of deposit and withdrawal, receipt for transfer, details of financial transactions, and application of Acts and subordinate statutes on financial transaction replies;

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

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 nature of the crime is not good, considering the fact that there is no previous criminal record for the same kind of crime and the fact that his mistake is against

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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