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(영문) 인천지방법원 2018.06.21 2018고단3114

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 August 18, 2017, the Defendant received 300,000,000 won from the name in front of the department store, from the name in front of the department store, on 2-day per two days from the name in front of the department store, and issued one copy of the check card on the Nong Bank account (Account Number B) and the National Bank Account (Account Number C) account in the name in front of the Defendant through Kwikkset service.

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. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the verification of transactions of transfer of electronic finance;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.The electronic financial transaction access media that lent a fine of 3 million won to another person can be used for fraud crimes, such as Bophishing, which may cause damage to many and unspecified persons. In fact, considering the fact that the account of the access media that the defendant lent was used for fraud, it is necessary to severely punish the defendant.

However, the defendant recognized all of the crimes of this case and reflects his mistake in depth, and profits earned by the defendant from the crimes of this case.