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(영문) 인천지방법원 2017.06.08 2017고단2249
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On February 8, 2017, the Defendant: (a) received a proposal from a person in unsound name to “to offer KRW 3.6 million, which is 10% of the transaction amount at the face of a week lending a e-mail card for one to two weeks; and (b) promised to offer it; (c) around February 8, 2017, the Defendant informed Kwikset of the password via Kwikset’s service that is linked with the Defendant’s new cooperation C account in the name of the Defendant in the vicinity of Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on replies;

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.

The defendant has been sentenced to two times a fine and has no same criminal records.

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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