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(영문) 인천지방법원 2017.06.08 2017고단2876
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 transfer or take over any access medium or lend or lend any access medium while demanding or promising to receive any price therefor in using or managing the access medium.

Nevertheless, on November 25, 2016, the defendant is an employee of juice company from a person who is not the name of the defendant, and three million won per week, if he lends his account or e-mail card to another person.

“On the 30th day of the same month, a letter message sent to the purport that “Swikwikset was sent, and agreed to contact the above name in order to lend an access medium, and around the 30th day of the same month, one physical card connected to the National Bank Account (C) in Gangseo-gu Seoul Metropolitan Government with the Defendant’s name was sent to the above person without his name, and the password was added.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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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