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(영문) 인천지방법원 부천지원 2019.02.19 2018고단2969
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

Around January 24, 2018, the Defendant accepted a proposal from the Defendant that “a person who was unable to receive a statement (hereinafter “C”) in contact with B, who was in need of an account to receive monthly pay from his/her employees to work related to a financial company. When leasing a debit card for 10 days, the Defendant would give KRW 3 million as an honorarium at the face of the week.”

On January 26, 2018, at around 12:00, the Defendant sent an article of Kwikset service, which was sent by the bearer of his name in front of the D apartment in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant sent a physical card connected to the E-bank account in the name of the Defendant, to the person with no name, and then sent the password of the physical card to the person with no name

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to submission of the contents of conversations B received by the winners of the A and the B);

1. A copy of the police statement concerning G;

1. Copy of the response data of the E bank;

1. Copy of transfer confirmation certificate, and deposit receipt;

1. Application of the Acts and subordinate statutes to B message deliverys, telephone content outputs;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has promised to pay and lent the means of access that is disadvantageous to the sentencing of the provisional payment order.

The means of access leased by the defendant was used for the crime of Bosing.

There was no agreement with the victim on the crime of Bosing.

The favorable circumstances: The mistake is recognized and reflected.

It is the first crime.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.

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