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(영문) 수원지방법원 2017.02.03 2016고단7852
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

On September 12, 2016, the Defendant agreed to receive KRW 3,100,00,000 from the non-titled person at the convenience store in front of the Suwon-si apartment B apartment in Suwon-si, and promised to receive the above name-free person by displaying one e-mail card from the bank account (D) of the Defendant’s name to the above person, and lent the e-mail card, which is an access medium used in electronic financial transactions, to receive compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of the Acts and subordinate statutes to entries of bank replies;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is the first offender of the defendant, the confession of the crime, the frequency of lending the access medium was limited to one time, and there was no benefit from the actual acquisition thereof. Considering the favorable circumstances that the Defendant did not have awareness that the access medium would be used as a means of the phishing fraud, the Defendant would not have been able to use it as a means of the phishing fraud. In addition, taking into account all the circumstances shown in the argument in the instant case, such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, the sentence should be determined as per the Disposition.

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