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(영문) 창원지방법원 통영지원 2017.09.14 2016고단1984

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2016, the Defendant: (a) received KRW 180 to 20 million per month from a person who was unaware of his name in front of the Defendant’s house, and (b) received KRW 180 to 20 million per each account from the Defendant’s home; and (c) through Kwikset Service, each one of the card linked to the Defendant’s name C and one of the D Accounts in the name of the Defendant was sent to the Nonindicted Party through Kwikset Service; and (d) notified each password via telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Each report on investigation;

1. Details of transactions by account, response materials regarding requests for provision of financial transaction information, search, inspection warrant and reply materials;

1. G statements;

1. Application of a report on damage and a written petition to statutes;

1. Article 49 (4) 2 and Article 6 (3) 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 act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

Although the defendant has a history of criminal punishment of fines several times, there is no possibility of criminal punishment for the same crime.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc. shall be determined as ordered by taking into account.