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(영문) 수원지방법원 2017.07.18 2016고단4878

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 December 2015, the Defendant: (a) promised the Kwikset Service Articles to receive 1.5 million won per access medium to the company bank account opened in the name of the Defendant; (b) promised to receive 1.5 million won per access medium from the company bank account opened in the name of the Defendant on December 2, 2015, and to receive 1.5 million won per access medium from the company bank account in the name of the Defendant, on December 2015.

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. Statement made by the police against D;

1. A certificate of deposit and withdrawal, and details of transfer;

1. Application of the Act and subordinate statutes to a report on investigation (investigation of CCTV withdrawn from bank);

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 circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Order Order : The crime of this case can be abused as a means of other crime, such as the crime of phishing and phishing, as well as impairing the safety and trust of financial transaction, and all of the transferred approaches can be abused as a means of other crime, such as the crime of phishing, etc. The circumstances in which the account transferred by the defendant is used for the crime of phishing: The defendant recognized and against his mistake: there is no record of the same kind of punishment; the above circumstances and the defendant's age, sexual behavior, environment, etc. shall be determined as ordered by the order.