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(영문) 수원지방법원 2016.09.28 2016고단3932

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on May 2016, the Defendant: (a) received letters from a deceased person on his name in the first place; (b) lent a medium of access to the account; and (c) received KRW 2 million per access medium in front of the Defendant’s house located in the Sinsung-si B on May 2016, and promised to receive KRW 2 million per day before the Defendant’s house in the Sinsung-si, the Defendant sent the Defendant’s name in the name of the Defendant to the Kwikset service provider, and sent the instant card to the Korean bank account (C) opened in the name of the Defendant, and notified the password by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal investigation (attached documents to Defendant's financial transaction information);

1. Application of Acts and subordinate statutes proving the results of deposit transactions;

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 Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime, such as lending access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, is likely to encourage multiple unspecified persons to commit a crime, such as singing and internet goods fraud. In fact, the Defendant’s access media was used for the crime of singing out a loan, the Defendant committed a crime of obtaining economic benefits, but the circumstances of actual gain are not confirmed, and the Defendant’s mistake is recognized, and the Defendant is the first offender, and all other sentencing conditions indicated in the record and change theory are considered.