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(영문) 인천지방법원 부천지원 2018.05.10 2018고단648
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 November 22, 2017, the Defendant received a call from a person in unsound name to the effect that “If he/she lends a physical card linked to an account in the name of the Defendant only for a week, he/she will give KRW 4 million per card,” and accepted it. On the same day, the Defendant sent a physical card, which is a medium of access to the above names, to Kwikset’s article, that is linked to the Defendant’s name bank account (C) in the Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, where the Defendant works as security guards, around the same day.

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. Written statements of D;

1. Application of the Acts and subordinate statutes on the certificate of transfer confirmation and response to requests for information on financial transactions;

1. Relevant legal provisions concerning criminal facts, Article 49 (4) 2, and Article 6 (3) 2 of the Act on the elective Financial Transactions, and Article 6 (3) 2 of the same Act, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The favorable circumstances: the defendant recognized and reflected his mistake, and there is no same record.

- 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's account transferred by the defendant caused the phishing damage, and the damage was not recovered.

- Other factors such as the motive and background of the instant crime, the amount of relevant damage, the number of access media transferred, the circumstances after the instant crime, the character and conduct of the Defendant, and economic conditions, etc., shall be comprehensively considered to determine the sentence as ordered.

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