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(영문) 인천지방법원 부천지원 2018.12.12 2018고단2857

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 lend any access medium used for electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant, on May 22, 2018, borrowed 5% interest per annum from the name-free person who misrepresented the sunlight staff from around 2, 2018 to the 15 million won per annum on the face of 5 million to the 500 million to the 15 million won.

“On May 23, 2018, after receiving and consenting to the message, at the C office located in Suwon-si B, Suwon-si, the title of the Defendant’s name was sent one copy of the physical card connected to the Defendant’s bank account (D) to the Defendant’s name, and then, the title was sent to the Nonindicted Party on the phone.

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. E statements;

1. Application of Acts and subordinate statutes, such as a written confirmation of transfer transactions;

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 an alternative fine for punishment;

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, and there is no record of punishment prior to 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.