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(영문) 인천지방법원 부천지원 2018.05.10 2018고단704
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium used in electronic financial transactions, promising to receive compensation therefor.

Nevertheless, on January 2, 2018, the Defendant received KRW 3 million per account from a person who is in a name-free will in front of the Defendant’s house located in Seocheon-si B. The Defendant sent a copy of the physical card connected to the Defendant’s bank account under the name of the Defendant to Kwikset Service Articles who sent the above name-free winners.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of account transactions and application of Acts and subordinate statutes governing mobile phone text messages;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant reflects his fault in depth, and has long been punished by a fine of KRW 500,000 in relation to a traffic accident, and there is no other record of 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.

In the account of the defendant, KRW 2,30,000,000,000 was refunded to the phishing victim, and the damage was recovered.

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

- Other various kinds of sentencing shown in the trial of this case, such as the motive and background of the instant crime, the amount of relevant damage, the number of accessible media transferred, the circumstances after the crime, the character and conduct of the Defendant, and economic conditions.

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