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(영문) 수원지방법원 2017.06.15 2017고단174
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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.

On July 1, 2016, the Defendant agreed to receive 1% of the amount of money deposited and withdrawn from the name in the account from the person who became aware of through the Facebook as a commission fee, and entered the password in the physical card of the Nong Bank account (B) opened in the name of the Defendant in the name of the Defendant in the name of the non-resident on September 1, 2016.

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

Summary of Evidence

1. Application of the Defendant’s legal statement C’s authentic statement, written statement entry and withdrawal, and the details of financial transactions to immigration statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending in return for promising the payment of the consideration to the electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is necessary not only to undermine the trust in financial transactions, but also to be abused as a means of other crime.

The damage was actually caused by the use of the access media by the Defendant for telephone financing fraud.

However, the defendant, who has no record of criminal punishment, recognized a mistake as a person with no record of criminal punishment, is seriously against him/her, and there is no benefit from the crime.

In consideration of these circumstances, the punishment is determined as ordered by taking into account the factors such as the sentencing conditions prescribed in Article 51 of the Criminal Act.

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