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(영문) 서울남부지방법원 2016.06.17 2016고단1271
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

On December 23, 2015, around 14:00 on December 23, 2015, the Defendant: (a) received KRW 2 million per account from the elevator and the non-personal injury in front of Seongdong-gu Seoul Metropolitan Government D 3rd floor; (b) lent the access media by delivering each physical card and password of the account (Account Number: E) in the name of the Defendant and the new bank account (Account Number:F) to the Kwikset Service Delivery Officer who sent the non-personally named name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on account 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 (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 act of lending the access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for a crime such as Bosing, etc. In light of the fact that the Defendant appears to have actually committed fraud by using the access media, the nature of the crime is not somewhat weak.

However, the defendant reflects his mistake in depth, there is no past history of criminal punishment before, support the wife and two children as the most most, and the conditions of sentencing specified in the records and arguments shall be determined as the same as the order.

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