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(영문) 인천지방법원 2017.10.12 2017고단6563
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

[criminal record] On February 18, 2014, the Defendant was sentenced to ten months of imprisonment for fraud, etc. in the support of the Suwon prison method, and was released on May 22, 2015 during the execution of the sentence at Anyang Prison, and the parole period expired on June 17, 2015.

[Criminal facts] In using and managing electronic financial transaction access media, no person shall lend or lend access media to another person in the course of transferring or promising to pay for the use or management thereof.

On May 10, 2017, the Defendant is an enterprise related to shopping mall in Yeonsu-gu, Incheon and C numbered around May 10, 2017, and the head of a Tong is required to reduce or exempt taxes.

It is intended to pay 6.5 million won on the face of two accounts.

“On receipt of text messages with the above number, “The bank account was lent to two banking accounts in return for the above number, and the account number and password was notified, and at around 16:00 of the same day, one copy of Kwikset’s F bank account (G) and H bank account (I) was sent, respectively, using Kwikset’s service in E-ray located in Yeonsu-gu Incheon Metropolitan City D.

Accordingly, the defendant agreed to pay for the consideration and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Details of transactions of deposits and withdrawals;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of repeated crimes of this type);

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 selective fines for punishment (the following factors shall be taken into account in sentencing):

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 Criminal Procedure of the Provisional Payment Order is not only an obstacle to the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime continues to take place in society.

Defendant loans to criminal organizations.

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