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(영문) 수원지방법원 2017.06.27 2017고단652
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

Except as otherwise expressly provided for in other Acts, no person shall lease or borrow any access medium in return for promising to receive compensation.

Nevertheless, on December 7, 2016, when the Defendant lent the access media from the Defendant’s house located in Heung-gu, Young-gu, Young-gu, Sin-si, the Defendant sent the physical card of the bank account (D) opened in the name of the Defendant to the place designated by the Defendant according to the end of the name in the name in which the Defendant grants 10% of the deposit and withdrawal as a fee, and notified the password by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of separate accounts;

1. Results of deposits transactions;

1. Application of registration receipt and text message-related Acts and subordinate statutes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[The favorable circumstances] The Defendant acknowledged his mistake in the confession of the instant crime, and there was a clear perception that there was no benefit that the Defendant acquired due to the instant crime, and that the access media that he lent could be used as a means of crime.

It is difficult to see that the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (drinking driving) in 2000, and was not subject to any particular criminal punishment.

[Unfavorable Conditions] The crime of this case is committed by the defendant.

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