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(영문) 인천지방법원 부천지원 2018.07.04 2018고단1013
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or transfer any access medium while receiving, demanding or promising the payment in connection with the use and management of access media used in electronic financial transactions.

Nevertheless, at around 10:00 on February 13, 2018, the Defendant received 15% of the amount of use from a university hospital located in Jung-gu Incheon, Jung-gu, Incheon. On the condition that the Defendant received 15% of the amount of use from the bank account (Account Number:C) of the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes regarding transaction details and customer personal information;

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 each alternative fine for punishment;

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 recognizes his mistake and reflects his mistake.

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

In addition, the punishment shall be determined by comprehensively taking into account the conditions of the sentencing indicated in the record, such as equity in both cases of the defendants, criminal history, age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc.

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