beta
(영문) 인천지방법원 부천지원 2018.10.01 2018고단2133

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 one shall lend or lend any access medium in return for receiving, demanding or promising the consideration in using or managing the access medium.

On January 4, 2018, the Defendant leased the personal account from a person who assumes a misrepresentation of B Company C’s agent from a person who is not the name but the name, “I will use the personal account at the reduction source of tax, and will be paid KRW 3 million for three days.

“On January 8, 2018, the head of Cze- Card No. 1 connected to the National Bank Account (E) on the roads in front of the Gyeonggi-do match D on January 8, 2018, called Kwikset service article to the name-oriented person.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on the record of deposit transactions, details of deposit and withdrawal transactions, and details of transactions of deposits and withdrawal by national banks;

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.

There is no criminal history prior to the instant 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.