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(영문) 수원지방법원 2016.03.15 2016고단113

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2014, the Defendant issued a proposal to “I think that there is a person who would be frightening to transfer a Tong, body card, etc.” from B, and around April 23, 2014, around 20:00 on April 23, 2014, the Defendant transferred the head of Tong, OTP, physical card, and password, which is an access medium connected to the account of the national bank in the name of the Defendant, to a person whose name is not known through B, and then received 600,000 won from a person whose name was unknown at that time, in return for the transfer of an access medium, such as passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Investigation report (Report on telephone conversations);

1. Application of Acts and subordinate statutes to reply to the provision of communications data (No. 9);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order can be abused as a means of other crimes as well as impairing the safety and trust of financial transaction, and the passbook leased by the Defendant is also used for the actual crime. In light of the fact that the passbook leased by the Defendant was actually used, the Defendant cannot be exempted from the corresponding punishment.

However, the defendant reflects his mistake, the defendant has no criminal record exceeding the same criminal record and fine, and the defendant's age, details of the crime and circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, circumstances after