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(영문) 인천지방법원 부천지원 2018.06.25 2018고단1115
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

No person shall lend any means of access for electronic financial transactions in the course of promising the price therefor.

Nevertheless, on October 26, 2017, the Defendant requires an account to be used for the reduction or exemption of taxes from a person who is in the name of the Defendant.

It shall be KRW 700,000 if the account is lent for three days.

“The phone received the call to the effect that it was accepted, and at around 17:00 on the same day, at C located in the Nam-gu Incheon Metropolitan City, Incheon, the head of the physical card, which is an access medium connected with the Defendant’s name bank account (D) and sent the card to the above person without the name.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

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, such as a statement of transactions with national banks;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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 an act facilitating various crimes, such as tax evasion, Internet gambling, and scaming, and requires strict punishment of such social harm.

As a result of the instant crime, the occurrence of phishing damage occurred.

However, the defendant reflects his mistake in depth, and has no record of the same kind of crime, the motive and circumstance of the crime of this case, the amount of relevant damage, the number of accessible media that have been transferred, the circumstances after the crime, and other conditions of sentencing as shown in the trial of this case, such as the defendant's age, sexual conduct, family relationship, economic situation, etc., shall be determined as ordered by taking comprehensive account of various conditions of sentencing as stated in the trial

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