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(영문) 인천지방법원 2017.05.26 2017고단2060
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No one shall lend any access medium to any access medium, such as an electronic card or password, for which a transaction instruction is issued, in electronic financial transactions.

Nevertheless, on January 17, 2017, the defendant will give 3.1 million won per head of Tong to the mobile phone of the defendant.

“In response to the proposal, in front of Yeonsu-gu Incheon Metropolitan City, the access media was sent to the name in the way that Kwikset Service sent a passbook and physical card, respectively, linked to the Defendant’s name to the Nong Bank account (D), and to the post office account (E), and then sent the password to the name in the way that the password was known to the name in the Kakao Stockholm message.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (Submission of a detailed statement of suspect transactions);

1. Application of Acts and subordinate statutes to text messages, Kakao Stockholm messages, and a statement of transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Electronic Financial Transactions Act due to the lending of an access medium connected to a post office account with a heavier crime (a punishment provided for in the crime of violating the Electronic Financial Transactions Act due to the lending of an access medium connected with a post

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (hereinafter “The reason for sentencing”) was that the Cock Card that the Defendant lent to the Defendant upon promise of pecuniary benefits was used in actual financial fraud crimes. Considering that the recent electronic financial transaction access media was a serious situation where the scaming crime using the electronic financial transaction access media and the damage caused thereby, the case is minor.

It is difficult to see it.

However, the defendant recognizes the crime, repents and reflects the wrongness.

After committing the crime, the Defendant immediately surrendered to the investigative agency, and took measures to suspend payment on the deposit account.

The defendant shall pay school expenses for his/her father and wife.

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