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(영문) 수원지방법원 안산지원 2018.03.28 2017고단3697

전자금융거래법위반

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall lend any access medium while receiving, demanding or promising the consideration.

On July 21, 2017, the Defendant: (a) received a proposal from a person in unsound name who assumes the position of an employee of a liquor company to the effect that “The Defendant shall lend the test account to pay KRW 800,000 per day, KRW 2,400,000 per account, KRW 80,000 per day, KRW 30,000 per day, KRW 80,000 per day, KRW 80,000 per third day, and KRW 80,000,000 per day; (b) sent from Gyeonggi-gun-gun B, the Defendant sent the physical card and password connected to the Defendant’s Agricultural Cooperative Account (Account Number: D) to a name Buddhist person

As a result, the Defendant promised to receive the electronic financial transaction access media in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Information and transaction details on the establishment of the Agricultural Cooperative Account;

1. Application of the Kakao Stockholm Acts and subordinate statutes

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 punishment shall be determined as ordered in light of the favorable circumstances, such as the confession and reflection of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant was not actually paid the price for the crime, and the first offender, etc.