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(영문) 인천지방법원 부천지원 2018.10.17 2018고단2371

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising any consideration therefor.

Nevertheless, on May 1, 2018, the Defendant accepted a proposal from a name-free person who assumes the name-free company to “to pay 3 million won or more to the account on the third day of leasing the e-mail card connected to the account.” On May 2, 2018, the Defendant sent the e-mail card connected to the Defendant’s name-free bank account (C) before the Defendant’s company in the name of Kimpo-si around May 2, 2018 to the above name-free person via the e-mail. On May 4, 2018, the Defendant received a communication from a person who assumes the name-free company and received a re-issuance of the said e-mail card from the bank, and then sent it to the name-free person via the e-mail news.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the provisions of Acts and subordinate statutes to inquiry about the results of transfer, confirmation of the results of electronic financial transfer, reply to a request for provision of financial information (in-depth inquiry of customer information and details of entry and departure), mobile phone information and Kakao

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.

The defendant seems to have actively transferred the passbook with the knowledge of illegal reduction.

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 two kinds of punishment against the defendants in the similar case shall be balanced, the age, occupation, and occupation of the defendants.