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(영문) 인천지방법원 2018.08.23 2018고단3981 (1)

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

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, on March 12, 2018, the Defendant received 2,400,000 won per account from a non-named person for 3 days per account from a non-named person in Nam-gu Incheon, Nam-gu, Incheon, and issued one copy of each physical card on the E bank account (Account Number F) and G bank account (Account Number H) in the name of the Defendant through a prompt named person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Cash card delivery books, photographs by which the suspect leaves a substitute victim who carries a cash card under the name of another person, and seized articles and photographs;

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

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 nature of the crime is not good, considering the fact that the defendant was the first offender, and that he 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;