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(영문) 수원지방법원 2016.12.08 2016고단3676
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

In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation, and lend or receive the means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, on May 2016, the Defendant: (a) borrowed a cream card from a person who was not the deceased in the name of a policeman; (b) lent the means of access to the account to acquire cash by means of lending the means of access to one month; (c) sent the cream card to the national bank account (C) opened in the name of the Defendant on the road in front of the residence of the Defendant located in Suwon-gu, Suwon-gu, Suwon-gu, 2016, around 14:00 on May 23, 2016, and notified the cell phone password in writing.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Details of the entry and withdrawal;

1. Application of Acts and subordinate statutes to investigation reports (a copy of relevant documents, such as sending a case, etc.);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is for the defendant to receive consideration and lend the means of access to the defendant, and the means of access leased by the defendant has been used for the crime of Bosing. However, the nature of the crime is not good. However, considering favorable circumstances such as the defendant's initial crime, the defendant's primary crime, and the fact that the defendant has no profit from the crime of this case, the punishment is determined as ordered by taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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