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(영문) 수원지방법원 2017.03.21 2017고단852

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 November 28, 2016, the Defendant lent access media in front of the Defendant’s house located in Suwon-si, Suwon-si, the Defendant entered a password on the physical card linked to the National Bank Account (C) opened in the name of the Defendant to Kwikset Service Articles who sent three million won per unit to the Defendant.

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. Written statements prepared in D;

1. Application of Acts and subordinate statutes on the confirmation of deposit and bank reply data;

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. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, etc. The access medium offered by the Defendant was actually used for the crime of lending fraud, and the Defendant committed the crime with economic benefits expected, but actually gains.

In light of the fact that the circumstances to see are not confirmed, the defendant's mistake is against the defendant, and there is no record of criminal punishment for the same criminal record and suspension of execution or more, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence like the disposition is imposed