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(영문) 인천지방법원 부천지원 2018.06.25 2018고단1074
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant: (a) sent a e-mail site from a person who was missing in his name; (b) sent a e-mail card, the Defendant transferred a e-mail card connected to the Defendant’s name bank account (C) and a e-mail-based access medium used in electronic financial transactions by delivering the e-mail card and the password to a non-named person via Kwikset-si’s bank account (C) around February 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and data on deposits related to damage;

1. Application of Acts and subordinate statutes on financial transaction data;

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 scaming, and need to strictly punish 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 is the first offender who has no record of other criminal punishment in the previous case; the repayment and the smooth agreement of the victim of Bosing; the motive and background of the crime of this case; the amount of relevant damage; the number of transferred access media; circumstances after the crime; the defendant's age, sexual conduct, family relationship, economic circumstances; and other various sentencing conditions in the trial of this case shall be determined as ordered by comprehensively taking into account the following factors.

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