beta
(영문) 수원지방법원 2017.09.07 2017고단4766

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, on March 16, 2017, the Defendant: (a) made a phone call with the word “to request a borrowed account for tax reduction from a logistics exporter; and (b) promised to receive three million won from one passbook account; (c) on March 16, 2017, the Defendant sent one copy of the cash withdrawal card from the national bank account in the name of the Defendant using Kwikset service article to the non-standing person; and (d) notified the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of transactions of deposits and withdrawals (A);

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 2 subparagraph 1 and 10 of the Act on Electronic Financial Transactions, the selection of fines for criminal facts, Article 49 (4) 1, and Article 6 (3) 1 and 10 of the Act on Electronic Financial Transactions, and the selection of fines

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

1. While predicting the possibility of being used in illegal transactions for pecuniary interests, the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime, thereby disrupting the financial transaction order.

The access media was actually used for fraud crime, and the third victim was blicked.

However, a significant portion of the amount of fraud damage deposited by the defendant's passbook was returned to the victims.

The Defendant had no record of punishment before the instant case.

The Defendant is against the instant crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.