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(영문) 수원지방법원 2017.12.21 2017고단6936
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

On August 30, 2017, the Defendant sent an access medium for the purpose of using for crime by exposing the name of the non-sicker, stating the following: (a) around August 30, 2017, the paper, which was linked to the company bank account in the name of the Defendant at Kwikset bus terminal with Kwikset-si Swikset-si Swikset-si Swikset-si, 70 square.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigative into principal's financial transactions and customer basic information;

1. Application of the details of separate transactions by account and the Acts and subordinate statutes of bank transactions;

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, and Article 6 (3) 3 (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) the Defendant, with knowledge that it was illegal, sent an access medium with the knowledge that the Defendant’s financial transaction details were forged and carried out by unlawful means; and (b) the Defendant’s access medium delivered by way of the Defendant was used for the phishing crime.

On the other hand, the fact that the defendant reflects the mistake, that the defendant has no record of punishment for the same kind of crime, and that there is no economic benefit from the defendant.

The sentencing conditions specified in the records and arguments, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, shall be determined as ordered by considering the above circumstances.

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