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(영문) 수원지방법원 2017.11.09 2017고단5063
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around April 24, 2017, would give KRW 2 million on the face of a loan from an account holder to an account in the area B located in Suwon-si, Suwon-si.

“On receipt of a proposal to the purport, the Defendant sent a physical card, etc. linked to the community credit cooperative account (D) in the name of the Defendant to a person who is not his/her name through the door-to-door, and used a medium of access for a cost.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the details of account transactions, text messages, community credit cooperatives, community credit cooperatives, details of transfer of Saemaeul credit cooperatives, and the Kakao Stockholm dialogue;

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 act of lending an electronic financial transaction access medium with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only a violation of the trust in electronic financial transactions, but also a serious crime that may be abused as a means of other crime.

The defendant's access media was actually abused for fraud crime, causing damage.

However, the defendant, who has no criminal record, recognized the mistake and seriously reflects it.

There is no profit acquired by crime.

Considering these circumstances, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., shall be determined as follows.

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