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(영문) 인천지방법원 2018.06.01 2018고단2477

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 therefor.

Nevertheless, on January 18, 2018, the Defendant is a liquor company, and the Defendant is using three days if he borrowed an account for tax reduction or exemption from his name.

On January 21, 2018, upon receipt of the proposal to the purport that “,”, the Defendant sent a cash card connected to the Defendant’s corporate bank account (C) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to the Kwikset service engineer who sent the name and unsatisf.

Accordingly, the Defendant promised to receive the fee and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute on financial transaction details;

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 crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is leased with a promise to receive a consideration. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for the punishment.

The defendant's access media seems to have actually been used to commit the phishing fraud, etc., thereby causing damage.

The defendant has a history of criminal punishment on two occasions, including one time of suspended execution, and the crime of this case is likely to be subject to punishment during the period of suspended execution.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The Defendant does not appear to have directly participated in the crime of Bosing fraud, etc., but has also acquired special profits from the crime of this case.