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(영문) 인천지방법원 2018.05.04 2018고단1922
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall transfer or take over any access medium or lend or lease any access medium while receiving, demanding or promising the price therefor in using or managing the access medium.

Nevertheless, around January 18, 2018, the Defendant received 90,000 won per day from a person who was unaware of his name in front of the Defendant’s house, which was located in B 405, Nam-gu, Incheon, Nam-gu, and through Kwikwikset Service Articles, the Defendant issued a letter of check card for the Saemaul Bank Account (Account Number: C) in the name of the Defendant to the person who was unaware of his name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to the response to financial data;

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 crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is leased with a promise to receive a consideration. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for the punishment.

The defendant's access media seems to have actually been used to commit the phishing fraud, etc., thereby causing damage.

The Defendant had the history of criminal punishment three times, and, in particular, on June 1, 2017, was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a special intimidation on June 1, 2017, and the judgment became final and conclusive on June 9, 2017, and committed the instant crime without being able to do so even during the period of the suspension of the execution, there is considerable possibility of criticism for

However, the purport that the defendant recognizes and reflects the crime in this Court.

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