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(영문) 대전지방법원 천안지원 2018.06.11 2018고단397

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 shall be converted into one day.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant received a proposal from any person who had no knowledge of the Defendant’s name through Kwikset’s service articles (C) and Kakakao’s Account (D and E) around December 21, 2017, to the effect that “on the face of lending an account, KRW 3 million will be paid for three million per three days per week in the face of lending an account.” On December 26, 2017, the Defendant sent to the said person with Kwikset’s Account (D and E), via Kwikset’s service articles, around December 14:00, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (F);

1. An application for a new transaction, such as a certificate of deposit, inquiry of customer information, details of transactions of entry and withdrawal;

1. Application of statutes, such as telephone details, Kakao Stockholm dialogue details, text messages, inquiry into trade specifications, etc.;

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 fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the crime of this case, the circumstances leading up to the crime of this case, the account entered in the crime, and the occurrence of phishing damage due to abuse of the account, the fact that the defendant does not have any profit from the crime of this case, the defendant is an initial crime with no record of criminal punishment, and the property status