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(영문) 수원지방법원 2016.10.07 2016고단4003

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

At around 15:00 on May 9, 2016, the Defendant agreed to receive KRW 6.4 million from the person in charge of his name in front of the Defendant’s house located in Yongsan-si B apartment, 613 Dong 803, and then, the Defendant sent the personal bank account (Account Number C), the passbook of the National Bank account in the name of the Defendant, the passbook of the Agricultural Bank Account (Account Number D), and the cash card to the above person via Kwikset service articles, and transferred the personal card, the means of access used in electronic financial transactions, the passbook card, the passbook, the passbook, and the cash card respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by E;

1. Application of each Act or subordinate statute to include a detailed statement of account transactions and an application for opening an account, etc.;

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

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, where the means of access that the Defendant transferred, was used for scaming crimes, on the other hand, considering the fact that the Defendant first committed a crime and led to the confession of a crime, the frequency of the transfer of the means of access was limited to once, and that there was no benefit therefrom, and that the Defendant was not aware that the means of access that the transfer was available as a means of crime, and that there was no perception that the means of access could have been used as a means of crime, i.e., the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, the punishment as set forth in the text of the instant case shall be determined