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(영문) 인천지방법원 부천지원 2018.07.05 2018고정349

전자금융거래법위반

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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

On October 2017, the Defendant received a proposal from a person B, who works for a liquor company, to pay 750,000 won per day on a three-day basis, for the purpose of using it for tax reduction or exemption.

On October 20, 2017, the Defendant provided a e-mail card connected to the bank account (E) opened in his/her own name to deliver the e-mail card to the above party, and notified the password.

As a result, the Defendant promised to pay for 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 to report internal investigation (a certificate of confirmation of the transfer of damaged money);

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 act of lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is an act facilitating various crimes, such as tax evasion, Internet gambling, and scaming, and requires strict punishment of such social harm.

As a result of the instant crime, the occurrence of phishing damage occurred.

However, the defendant reflects his mistake in depth and has no same record, the defendant returned the amount of damage to the phishing victim and restored the damage, the motive and circumstances of the crime of this case, the amount of relevant damage, the number of transferred access media, the circumstances after the crime, the age of the defendant, sexual behavior, family relationship, economic circumstances, etc. are shown in the trial of this case.