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(영문) 인천지방법원 부천지원 2018.05.03 2018고단242
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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant from around September 18, 2017

9. Around 19. Around September 19. Around the phone call from a person who misrepresented B Company B to “be sent to a maximum of 4.5 million won per day on the face-to-face account by five days per week from the face-to-face account,” and around 17:00 on September 20, 2017, two e-line cards, such as physical cards connected to the Defendant’s name to the National Bank (Account Number: D) and e-mail cards connected to the Defendant’s name, were transferred to Kwikset Service Delivery, a medium of electronic financial transaction access.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to the details of transfer receipts, one bank reply data, and text messages;

1. Article 49 (4) 1 and Article 6 (3) 1 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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant reflects his mistake in depth and has no same record of force.

The Defendant did not recognize that the Defendant would be used for the criminal conduct of Bosing, from the beginning, that the Defendant had transferred the account by reporting an advertisement to the effect that the Defendant would have lent the account for the purpose of tax reduction or exemption.

- Unfavorable circumstances: Lease of access media is an act that facilitates various crimes, such as tax evasion, Internet gambling, scambling, etc., and the social harm is serious.

The defendant suffered from phishing damage through the account transferred by the defendant.

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