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(영문) 수원지방법원 안산지원 2019.03.14 2019고단99
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute a means of access used for electronic financial transactions while promising the receipt of consideration.

Nevertheless, around October 18, 2018, the Defendant received a proposal from a name-free person who assumes a false name-to-face B employee C, to pay up to three million won at the time of receipt of the draft and the e-mail card by up to three million won at the time of receipt of the e-mail card.” In response, around October 18, 2018, around 19:00, the Defendant sent a total of two e-mail cards connected to the e-mail account in the name of the Defendant in front of the e-bank account in the name of the Defendant in the name of the E-bank (F) in the name-to-face (H).

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Written Statement;

1. Response to a request for the provision of financial transaction information and financial transaction information;

1. A statement of bank transactions and a certificate of confirmation;

1. Application of the text messages and text messages to the Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the Defendant was used for the crime of Bophishing fraud, and that the total amount of damage was deposited in KRW 4.99 million from two victims and the damage was incurred.

However, the defendant recognizes a mistake and is against the law.

Defendant has no record of punishment for the same kind of crime.

The victim I paid 2 million won to the victim I for the recovery of damage.

There is no consideration for a crime committed to raise living funds and there is no consideration for it.

The age, occupation, character and conduct, environment, and crime of the defendant.

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