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(영문) 수원지방법원 2016.12.09 2016고단4232
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 2015, the Defendant transferred the body card and password, which is a means of electronic financial transactions, to a person who is in the name of the Defendant, by transferring the body card and password of the national bank account (C) in the name of the Defendant, to a person who is in the name of the Defendant, at a Suwon-si, Suwon-si, which is located in 270, in return for his name from the person who is in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement on the petition, etc.;

1. Application of Acts and subordinate statutes stating account transactions, etc.;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the means of access transferred by the accused was used for the singishing fraud. However, while the accused was not punished for the same kind of crime, the accused was led to the confession of the crime, the frequency of transfer of the means of access was limited to once, and there was no perception that the means of access could be used as a means of the singishing fraud, taking into account the circumstances favorable to the accused, and taking into account the following factors as stated in the argument in the instant case, such as the Defendant’s age, character and conduct, motive for the crime, and circumstances after the crime.

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