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(영문) 인천지방법원 부천지원 2018.12.19 2018고단3087
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise the consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, on June 27, 2018, the Defendant sent a e-mail card so that the Defendant may withdraw interest, etc. on KRW 320,000,00,000, which is 4% of the monthly interest, through the e-mail card in order to obtain a loan from a person who is not in the name of the light of the morning.

Notes will provide a loan to the State.

“After receiving the request of “,” and accepting it, around 16:37 on the same day, 1 e-mail card connected to the new bank account (D) in the name of the Defendant in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, was stored in the book and sealed in the box, and then delivered it to the needy through Kwikset Articles.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquire into details of deposits and transaction details;

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.

However, the defendant recognized his mistake and reflects his mistake, and there is no criminal history prior to this case.

There is no profit actually earned from the crime of this case.

In addition, the punishment for the defendants of similar cases shall be determined by comprehensively taking into account the following factors: equity of the defendants, age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records.

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