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(영문) 인천지방법원 부천지원 2018.04.12 2018고단435
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

No person shall transfer any medium access to electronic financial transactions.

Nevertheless, on August 25, 2017, the Defendant transferred a total of two accounts, including Kwikset’s bank account (B) and Korean bank account (C) on the condition that 6.5 million won is delivered in return for the transfer of the physical card, etc. on the street in front of the Seocheon-si, Seocheon-si, Seocheon-si, the Defendant transferred the electronic financial transaction access media through Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a copy of passbook;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act - the favorable circumstances: the defendant reflects his mistake in depth and has no record of other criminal punishment.

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.

The defendant paid damages to the phishing victim and agreed to do so.

- 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.

When the scam operation personnel suspended transactions in our bank account, the defendant requested the transfer from our bank account to the national bank account to the national bank account, and the defendant tried to cooperate in transferring money.

The defendant transferred the account to the defendant, thereby causing phishing damage.

- Other.

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