beta
(영문) 인천지방법원 부천지원 2018.07.18 2018고단1099

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in return for receiving, demanding, or promising to receive, demand, or promise any compensation.

Nevertheless, on March 27, 2018, the Defendant borrowed an account in the name of an individual for the purpose of reducing the amount of tax from a person in a name-free from a third party on March 27, 2018 to KRW 3 million on a one-time basis.

“On receipt of a proposal to the effect that “”, around March 28, 2018, send a physical card connected to the account of a national bank (B) in the name of the Defendant to a person who has not been registered.

The approach media was lent.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Application of Acts and subordinate statutes on trading;

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 for the defendants of similar cases shall be determined by comprehensively taking into account the following factors: equity of the defendants, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records.