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(영문) 인천지방법원 2017.09.13 2017고단4905
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

1. Defendant A, despite the fact that around April 20, 2017, around 16:00, Defendant A was to receive KRW 3,000,00 on the condition that Defendant D building B (207) in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and 3,00,000 on the condition that he lent the e-mail card between one month, and, through Kwikset service article, leased a financial institution’s access medium by setting up a e-mail card connected to the new bank account (E) in the name of Defendant under the name of Defendant.

2. Defendant B: (a) around April 19, 2017, on the condition that Defendant B lent 2,000,000 won under the condition that he/she lent e-mail cards for two days in front of the Incheon Bupyeong-gu F Building; (b) through Kwikset Service Articles, Defendant B lent a financial institution’s access medium with a promise to use e-mail card connected to the e-mail account (G) and to use e-mail by informing the password by telephone.

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

1. A written petition;

1. Application of Acts and subordinate statutes, such as certificates of deposit transactions and financial transaction information;

1. Relevant legal provisions and the choice of punishment for the crime, and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (opportune selection)

1. Each of the Defendants and Articles 70(1) and 69(2) of the Criminal Act;

1. Each of the Defendants’ orders for provisional payment (the Defendants) and Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) were actually used in the so-called Bophishing fraud crime, and the social risk and damage to which the Defendants are less likely to commit such crime. However, the Defendants are not provided with the same criminal history, and their physical cards and passwords are so-called so-called card and passwords that they can easily charge money by receiving text messages or telephone from a person who has no same criminal history.

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