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(영문) 수원지방법원 2016.05.19 2016고단895
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 October 2015, the defendant will use the passbook for three days on the face of a week by telephone from a person who was unable to use the passbook in his/her name during the middle of 2015, and offer 1.4 million won a day.

“In receipt of the proposal, on November 2, 2015, on the 15:00, the Kwikset service provider sent the name unclaimed on the road in front of the Jeju Yadong, Seo-gu, Busan, Seo-gu, Seoyang-gu, and opened the passbook and the check card in the name of the Defendant’s bank account (B).

As a result, the Defendant promised to pay for, lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of replies to requests for financial transaction information;

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. Although the nature of the crime is not good in light of the fact that the passbook and the card leased by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act were used for the phishing crime, the punishment is determined as ordered by taking into account the circumstances such as the defendant's mistake, the defendant has no record of punishment for the same crime, and the defendant has no record of obtaining economic benefits due to the crime of this case, and the defendant has no record of obtaining economic benefits due to the crime of this case. In addition, the punishment is determined as ordered by comprehensively taking into account the following factors such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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