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(영문) 인천지방법원 부천지원 2018.08.30 2018고단1733
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 person shall transfer or acquire any access medium in using or managing any access medium to electronic financial transactions.

Nevertheless, on December 2017, 2017, the Defendant: (a) visited the Defendant’s Internet homepage, provided money to the Defendant; and (b) provided the Defendant with a personal seal, and (c) consented to the proposal that the Defendant provided KRW 4 million per one passbook to the Defendant; (b) around that time, the Defendant sent the Defendant’s name in front of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the Defendant’s bank account (C); and (c) transferred the Defendant’s personal identification number to the Defendant’s non-resident via the Kakao Stockholm Television Ma.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Certificates of deposit transaction records and the application of receipts and subordinate statutes;

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

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 other criminal punishment before, and the motive and circumstance of the crime of this case, related amount of damage, etc. shall be determined as ordered by taking into account the following factors.

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