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(영문) 인천지방법원 부천지원 2018.07.04 2018고단646

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

No person shall lend any means of access for electronic financial transactions in the course of promising the price therefor.

Nevertheless, on October 12, 2017, the Defendant received a letter from (i) the company specializing in alcoholic beverages (i) that “I will lend a physical card linked to the accounts to be used for alcoholic beverage tax reduction accounts at KRW 900,000,000 per day,” and (ii) that “I will receive the card” from a person in an infinite name who assumes it as B’s employee around the 13th of the same month, following the day.

The phone “,” accepted the phone, and then sent a physical card, which is an access medium, to the above-mentioned person in the name of “D” account (Account Number: E) that is linked to the Defendant’s name prior to the Defendant’s name in the south-gu Seoul Metropolitan City, Guro-gu, 34 Mo-ro, Dong-ro, Dong-ro, Dong-ro, Seoul, in the same day, in the manner of reporting to Kwikset service articles.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. (E) Application of a statement of transactions, basic certificate statutes to the Korean bank account (E);

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 Defendant’s mistake on the grounds of sentencing Article 334(1) of the Criminal Procedure Act, which led to the occurrence of the victim of the phishing fraud.

There is no effort for the defendant to recover the damage.

However, the defendant recognizes his mistake and reflects his mistake.

There is no profit actually earned from the crime of this case.

In addition, the punishment shall be determined by comprehensively taking into account the following facts: (a) the fact that there is a history of punishment as a fine of small amount; (b) the number of punishment for the Defendants of similar cases; (c) the age, occupation, sex, criminal conduct, family relationship, living environment, circumstances leading to the crime; and (d) the conditions of the sentencing