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(영문) 인천지방법원 2018.02.06 2017고단9261
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

On November 9, 2017, the Defendant: (a) received a proposal from a person in secret name in the vicinity of the Masong-gu, Masong-si, Masong-si; and (b) received a proposal from a person in secret name “to lend a passbook for four days to one page, and KRW 6.2 million to two; and (c) accepted it, and (b) took part in each physical card connected to the Defendant’s name bank deposit account (B) and post office deposit account (C) through Kwikkset-si.

As a result, the Defendant promised to receive the price and used the approach media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition, etc.;

1. Application of Acts and subordinate statutes on account transactions, such as account transactions, and account transaction details;

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 fact that the access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act appears to have been used for the criminal act of phishing, etc. is considered to be an unfavorable circumstance, considering favorable circumstances, such as the time of committing a crime, and the fact that there is no record of being punished for the same kind of crime, etc., the punishment as ordered shall be determined by taking into account other factors such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after committing the crime.

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