beta
(영문) 수원지방법원 2017.01.18 2016고단6303

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

At around May 13, 2016, the Defendant received KRW 3 million or KRW 5 million from a person in a name in the name in return for a loan from 2 weeks, and sent each body card and password to a person in a national bank account (C) and the National Bank Account (D) through Kwikset's news article to receive the above name in return for the promise to receive the price, each of the above physical cards and passwords, which are access media used in electronic financial transactions, were replaced by each of the above physical cards and passwords, which are the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Statement of financial transaction details;

1. Application of Acts and subordinate statutes entered in a report of investigation (execution of a warrant of search and inspection);

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. The reasons for sentencing under Articles 70(1) and 69(1) of the Criminal Act with the detention of the workhouses do not have any history of criminal punishment for the past 20 years, the confession of the crime, there was no benefit from lending an access medium, and the Defendant cannot be deemed to have been aware that the access medium would be used as a means of the crime of phishing, taking into account the favorable circumstances, and taking into account all the circumstances shown in the arguments in the instant case, such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, etc.