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(영문) 수원지방법원 2016.10.27 2016고단5075

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

In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation therefor, unless otherwise specifically provided for in other Acts, lend or receive the means of access.

Nevertheless, on April 26, 2016, the Defendant borrowed the means of access to the account from a person who was named as a police officer and thought to acquire cash. On April 26, 2016, around 09:30, the Defendant promised Kwikset service engineer to receive KRW 3 million per means of access to the article of Kwikset-si B apartment 314 (on April 26, 2016, to receive KRW 3 million per each means of access to the article of Kwikset-si B apartment 314 (hereinafter referred to as “C”), and sent the password to the phone.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of a copy of a deposit receipt;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The crime of this case with the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is not only impairing the trust in financial transactions, but also abusing the means of access as a means of other crimes. In light of the fact that the crime of this case was committed under Articles 70(1) and 69(2) of the

However, in light of the following: (a) the Defendant reflects his mistake; (b) appears to have no profit acquired by the instant crime; and (c) the Defendant has no record of criminal punishment prior to the instant crime; and (d) comprehensively takes into account the circumstances leading to the instant crime; (b) the Defendant’s age, occupation, character and conduct, etc.; and (c) all the sentencing conditions indicated in the records