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(영문) 수원지방법원 2017.04.25 2017고단455
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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 July 5, 2016, the Defendant agreed to receive 2 million won per access medium to the Kwikset service article who sent the name in front of the building B in the Si of Mapopo-si around 11:00 on July 5, 2016, and agreed to receive 2 million won per access medium, and sent the personal bank account (C) opened in the name of the Defendant, and notified the password by 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. Written petition for DNA preparation;

1. Search and seizure inspection warrant and inquiry (No. 8 of the evidence list);

1. Application of Acts and subordinate statutes to a receipt (a certificate of deposit, a certificate of request for deposit in a return, etc.);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[The favorable circumstances] The Defendant acknowledged his mistake in the confession of the instant crime, and there was a perception that the Defendant did not gain any profit acquired by the instant crime, and that the access media that he lent could be used as a means of crime.

It is difficult to see, and the defendant has no record of criminal punishment.

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