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(영문) 인천지방법원 2018.07.23 2018고단4286
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on September 2017, the Defendant would offer a 700,000 won per unit of the check from a person without the name of the end of the session (the “B leader”).

“After receiving and consenting to the proposal, at around October 18, 2017, from the territory near the territory of the State located in the Nam-gu Incheon Metropolitan City, one copy of the physical card connected to the Agricultural Cooperative Account (C) in the name of the Defendant and one copy of the physical card connected to the Credit Union Account (D).

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol concerning E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is not only disrupting the credibility of the safety performance of electronic financial transactions, but also the soil where the phishing crime is committed as the source of supply of the Daepo passbook.

Even if considering the position of the first offender who is difficult to take into account, the fact that the criminal defendant caused the second damage of the criminal defendant to the criminal organization due to the head of the Tong spreading to the criminal organization, and the pursuit of benefit that sees social harm is also disadvantageous.

Punishment of a fine corresponding to the nature and circumstances of a crime shall be imposed.

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