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(영문) 인천지방법원 2017.03.16 2017고단582
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on October 17, 2016, the Defendant sent a physical card and promised to receive compensation after receiving a proposal from the person who was in the name of the Defendant to "be a liquor company, which requires the head of the Tong to obtain tax reduction, and if sending the passbook, KRW 2 million, KRW 4.5 million to two, and KRW 4.5 million to two." On October 18, 2016, the Defendant sent the physical card to the person who was in the name of the Defendant's wife (D) through Kwikset service engineer.

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

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 on response to financial transaction information on warrants;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have been used for the phishing crime. Moreover, the crime of this case is committed under the unfavorable circumstances, such as the fact that the Defendant was committed during the period of repeated crime, the fact that the Defendant was committed at the time of committing the crime, and the fact that there is no benefit from actual acquisition, etc., shall be considered in favorable circumstances, and the punishment shall be determined as ordered by taking into account all the factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance, and circumstances after committing the crime.

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