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(영문) 인천지방법원 2017.10.20 2017고단6203
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 12:00 on March 14, 2017, the Defendant promised to receive “1,000 won per day” from a person under his name, and sent a password to a name in the way that he stores a physical card linked to the company bank B account in the name of the Defendant in Seoul subway No. 5 on March 14, 2017, by inserting one check and one check connected to the company bank C account in the name of the Defendant in the manner of keeping the goods.

As a result, the Defendant used access media for each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Written evidence, written statement, and statement of transactions of D;

1. Investigation report (Binding records, such as non-prosecution decisions on the same type of case);

1. Application of the Acts and subordinate statutes on replies;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the violation of the Electronic Financial Transactions Act due to the lending of an access medium linked to an enterprise bank account with a heavier penalty (a punishment prescribed for the violation of the Electronic Financial Transactions Act due to the lending of an access medium connected to the enterprise bank account);

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 Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be socially criticized in that the Defendant’s crime not only disturbs the credibility and safety of electronic financial transactions, but also constitutes the means of crime using access media.

The access media that the defendant lent in return for the promise to pay was actually used for the crime of fraud, etc. and caused damage.

The Defendant acquired a profit of KRW 1.2 million by committing the instant crime.

statement is made.

The defendant lending multiple access media to the defendant, and the quality of such crime is not good.

On the other hand, the Defendant stated in this court that the lending of the account was illegal, and that it was erroneous for those who committed the fraud.

However, it is natural in light of the empirical rule to put the cream cards in the storage of goods of subway stations as a method of the crime of this case.

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