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(영문) 인천지방법원 부천지원 2018.08.09 2018고단1223

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 lend any access medium while receiving, demanding or promising to receive compensation in using or managing access media for electronic financial transactions.

Nevertheless, the Defendant, on February 5, 2018, leased the account to obtain a reduction or exemption of liquor tax in writing from a person who misrepresented the “C Company D office chief” in the name and influence of the name, would pay a total of three million won for three days in return.

“On February 6, 2018, at around 15:00 on the proposal, Kwikset service article sent by the person without the above name in front of the Dong-gu, Seocheon-gu, Seocheon-si, and promised to provide Kwikset-si with a copy of physical card connected to the bank account (F) in the name of the Defendant, and to receive the price by notifying the above nameless person of the password via Kakakao Stockholm, and to lend a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Certificates of deposit transactions;

1. Details of the Kakao Stockholm dialogue and telephone conversations;

1. Application of Acts and subordinate statutes governing text messages;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant transferred the approaching medium in return for promise, and the nature of the crime is not good.

The access media transferred by the defendant was used for the crime of Bosing.

There was no agreement with the Washington victim.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the motive and circumstances of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the theory of change.