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(영문) 수원지방법원 2017.06.08 2017고단1835

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

No person shall transfer or acquire any medium access to electronic financial transactions to any third person.

Nevertheless, on November 29, 2016, the Defendant sent to the unexploited person who introduced him as the agent for the law team C at the Suwon-si, Suwon-si, Suwon-si, No. 924, and the name unexploited person who introduced him as the agent for the law team C, one account per 2 million won per each account. Through Kwikset service provider who sent the above unexploited person, the Defendant sent to the unexploited person his name and sent the Makset-si, a Makset-si card in the name of the Defendant bank D account in the name of the non-exploited person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on the provision of financial transaction information;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is based on the following factors: (a) there are unfavorable circumstances, such as: (b) the Defendant’s receipt of consideration and transfer of access media; (c) the Defendant’s transfer of access media was used for phishing crimes; and (d) the Defendant received KRW 4,10,00 in return for transfer of access media; (c) there are extenuating circumstances, such as the Defendant’s misjudgments the Defendant; and (d) the Defendant has no record of criminal punishment; and (e) other factors of sentencing as indicated in the records, such as the Defendant’s age, sexual behavior, environment, background of the crime