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(영문) 수원지방법원 2017.08.10 2017고단3381
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

On March 3, 2017, the Defendant would pay KRW 3,00,00,00 as the monthly rent when he sent a e-mail card to a person who is not his name from the person who was in the name of the defendant in front of the Osan City design office B, 5-14 C architect design office.

“The proposal received and consented to it, sent a physical card connected to a new bank account (D) in the name of the Defendant through a door-to-door engineer and notified the password.

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 for E;

1. A report on internal investigation (a certificate of receipt and a statement of transactions attached);

1. A receipt for trading statement;

1. Application of Acts and subordinate statutes to inquiries about financial data;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, even though being aware that he could be used for illegal purposes, agreed to receive a large amount of money and lent the approaching media, and that the Defendant’s lending media was used for the phishing crime is disadvantageous.

On the other hand, the fact that the defendant is against the mistake, the defendant does not have a criminal record except for the punishment twice by the fine of this kind, and the fact that there is no economic benefit that the defendant has obtained is favorable.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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