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(영문) 인천지방법원 2018.06.22 2018고단2968

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, around February 28, 2018, the Defendant received 6 million won from the person in distress of the name-based account in the name-based 3 Dong community service center located in the Nam-gu Incheon Metropolitan City around 133, and issued one copy of the personal check card to the above name-based person on the B account in the name of the Defendant (Account Number: C) and D bank account (Account Number:Account Number) through the Kwikwikset service article.

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. A protocol concerning the examination of the suspect of the accused (including attached materials);

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

1. Application of the Acts and subordinate statutes requesting the provision of official receipts and financial transaction information;

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 concerning the ordinary concurrent crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act due to lending of an access medium to the account heavier than that of the crime)

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant leased the approaching medium in return for a promise to pay, and the approach medium was actually used to commit the phishing fraud, thereby causing damage.

Considering the fact that the instant crime was committed through the electronic financial transaction access media and the damage caused thereby is serious, the liability for the instant crime cannot be deemed to be light.

Such crimes are crimes that disrupt the reliability and safety of electronic financial transactions and use access media.