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(영문) 수원지방법원 2017.10.26 2017고단5884

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 provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

On March 6, 2017, the Defendant received KRW 3,00,000 per e-mail card, in return for sending the e-mail card from a person who is not his name. On March 6, 2017, the Defendant sent an access medium, such as cash card, password, etc. connected to each account of the bank (B) and the National Bank (C) opened in the name of the Defendant through Kwikset service article, at around 104, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (attached to records, etc. of withdrawals from telephone financial fraud organizations or of detention transfer, etc.);

1. Application of Acts and subordinate statutes on financial transaction information, such as details of transactions in Korean bank accounts and details of transactions in Korean bank accounts;

1. Article 49 (4) 2, Article 6 (3) 2, and subparagraph 1 and 10 of Article 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act was to disrupt the financial transaction order due to the instant crime, and the passbook in the name of the Defendant was actually used for the singing fraud, and the third victim was the victim.

However, the defendant is the first offender.

The Defendant recognized the instant crime and runs against the Defendant.

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.