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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2277
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing access media for electronic financial transactions.

Nevertheless, on March 20, 2018, the Defendant received a letter from a person who misrepresented to the name-based company B representative of the Co., Ltd. Co., Ltd., “if he/she lends the e-mail card for three days, he/she will give KRW 3 million from the money deposited by the customer,” and consented to the proposal. On the same day, the Defendant sent one copy of the e-mail card connected to the Defendant’s new bank account (D) at the Kimpo-si apartment and the 601 front guard office, which is his/her residence, and lent the e-mail access medium of the electronic financial transaction by promising the above name-based person to search for it, and by promising the above name-based person to receive a consideration for notifying the password of the above account.

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 to receipts, suspect CIF, account details, and text message pictures;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious social harm that facilitates various crimes, such as tax evasion, Internet gambling, and Bosing.

As a result of the instant crime, the occurrence of phishing damage was caused, and the damage was not recovered.

However, the defendant reflects his mistake in depth and has no record of the same kind, and the motive and circumstance of the crime of this case, the amount of related damage, etc. shall be determined as the order.

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