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(영문) 수원지방법원 2017.02.02 2016고단6378

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 June 2016, the Defendant: (a) sent a phone call from a person without his/her name; (b) sent the phone call to acquire cash; and (c) promised Kwikset Service Articles to receive KRW 2 million per access medium to receive KRW 2 million per access medium; (c) sent the personal bank account (C) opened in the name of the Defendant, and notified the password to the telephone.

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. Application of each deposit confirmation certificate, receipt, details of transactions of admission and withdrawal, and a copy of the bankbook;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) there are unfavorable circumstances, such as: (b) the Defendant’s receipt of consideration and lending of access media; and (c) the Defendant’s lending media was used for the commission of phishing; (b) however, considering the fact that the Defendant is the primary offender; (c) the Defendant is the primary offender; (d) the Defendant has no benefit obtained from the instant case; and (e) the fact that the amount deposited in the Defendant’s account was returned to the victim because it was not withdrawn, the sentence is determined as ordered by taking into account the factors of sentencing indicated in the record, such as the Defendant’s age, sexual behavior, environment, background of the crime;