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(영문) 수원지방법원 여주지원 2017.12.01 2017고단1337
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on June 26, 2017, the Defendant received a proposal that he would pay 600,000 won if he/she lent the e-mail card from a person without his/her name, for three days, and responded thereto, and then delivered a copy of e-mail card that is linked to the e-mail account (Account Number: D) in front of the company located in E-Si, Leecheon-si to Kwikset service articles.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the damage caused by the Defendant’s transfer of access media is considered to be a disadvantageous condition. However, considering the fact that the damage caused by the fraud is a starting offender with no criminal history, the Defendant’s age, sexual behavior, environment, support relationship, etc., the sentence is rendered as per Disposition, taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, support relationship.

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