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(영문) 인천지방법원 부천지원 2018.09.13 2018고단1635

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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on March 2018, the defendant is a trade company, which requires another person's check to reduce taxes.

To send a physical card, 600,000 won per day, 300,000 won per day, and 1.8 million won per day.

“Around March 30, 2018, at D located in Seo-gu Incheon, Seo-gu, Incheon, one of the two pages of each physical card linked to the new bank account (E) and the one bank account (F) under the name of the defendant was sent to the address known by the person who was not entitled to the above name, and the password was sent to the Kakao Stockholm message.

Accordingly, the defendant promised to pay for the above name in return and lent the access media to the above name in return for the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A certificate of deposit and details of each account transaction;

1. Application of statutes governing text messages and Kakao Stockholm messages;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred the approaching medium in return for promise, and the nature of the crime is not good.

The access media transferred by the defendant was used for the crime of Bosing.

There was no agreement with the Washington victim.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the motive and circumstances of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the theory of change.