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(영문) 수원지방법원 2015.12.17 2015고정2847
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On May 2015, the Defendant: (a) heard the speech that “five million won loan is granted to the other party; (b) the other party would pay taxes; and (c) would request him/her to send a physical card with interest on the loan” from his/her name in Suwon-si transferdong, Suwon-si; and (d) sent a physical card, a means of electronic financial transactions in the name of the Defendant’s community credit cooperative account (B) through Kwikset Officer, and promised to notify the password by telephone; and (b) lent the means of access to the telephone for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the specifications of remittance of damaged amount and financial transaction information;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant recognized his mistake and reflects his mistake; (b) the primary offender; (c) there is no actual profit gained from the crime; and (d) the type and number of means of access leased; and (c) partially reduced the amount of the fine determined by the summary order

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