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(영문) 수원지방법원 2017.06.07 2017고단398
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 transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on June 21, 2016, the Defendant: (a) sent a phone from a person who was unaware of the name to operate a sports Saturday site; (b) lent a medium of access to the account to acquire cash; and (c) on June 23, 2016, the Defendant promised the Kwikseter’s service provider to receive KRW 3.6 million per access medium to receive an access medium; and (c) sent the passworder’s personal name in front of the road in Suwon-si, Suwon-si, Suwon-si, the Defendant sent the check card to the Sukseter’s service provider, which was opened in the name of the Defendant, 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 to prepare the amnesty with D;

1. Application of Acts and subordinate statutes governing internal investigation reports (related to telephone communications under the nominal title of the account used for committing a crime), Kakao dialogues;

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 circumstances favorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are committed by the Defendant, are all recognized. - The Defendant appears to have not been able to take advantage of the offense. - There is no previous conviction nor to have been sentenced to the suspension of qualification or heavier punishment. No unfavorable circumstances - The media that the Defendant lent to the Defendant was actually used for the second criminal telephone finance fraud.

In light of all the sentencing conditions revealed in the above circumstances, the sentencing is ordered as ordered by considering the overall sentencing conditions revealed in the arguments.

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