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(영문) 인천지방법원 2017.05.11 2017고단512
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 any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, on September 2016, the Defendant: (a) received a proposal from a person without his/her name to “a liquor company, which is the head of a Tong, would give KRW 200 to 30 million in one month; (b) on September 12, 2016, on the front of the “C” located in Jongno-gu Seoul, Jongno-gu, Seoul; (c) sent a copy of the C Card connected to the new bank account (D) in the name of the Defendant to the person with no name, and lent a medium of access to electronic financial transactions by informing the password by telephone.

Summary of Evidence

1. Details of transfer of a copy of the police statement protocol to the defendant's legal statement E, and the application of statutes on warrant reply 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 act of lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for singing, singing, etc.

Nevertheless, in accordance with the interests of the Defendant, the Defendant committed the instant crime, and as a result, the access media leased by the Defendant was used for the phishing crime, resulting in the victim.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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