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(영문) 인천지방법원 2017.05.11 2017고단1705
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 while receiving, demanding or promising compensation.

Nevertheless, around December 13, 2016, the Defendant would offer KRW 2.5 million per one if the head of the Tong is a liquor company and the head of the Tong is required due to a tax reduction or exemption problem, in front of the 106 Dong Dong-dong 106 Dong-ro, Seo-gu, Incheon, Seo-gu.

“The proposal received and consented to the proposal, and then sent one of the two linked physical cards to each of the Defendant’s national bank accounts (B) and the Defendant’s wife C’s one bank accounts (D) through Kwikset Service, and then sent the password to the name in secret.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and C;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

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 crime is not good, considering the fact that there is no criminal record for the same kind of crime, and that the defendant reflects his mistake);

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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