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(영문) 수원지방법원 여주지원 2016.10.28 2016고단942
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access.

Nevertheless, at around May 2016, the Defendant: (a) received contact from a person who was unaware of his name at the Defendant’s residence in the building B, and (b) around 308, “to pay KRW 3 million per account per month if he borrowed the account; (c) agreed to send the Defendant’s cash card, etc. on the condition that he receives KRW 3 million per account; and (d) transferred the Defendant’s bank account (Account Number: C); (c) the cash card, password, etc. of the company bank account (Account Number:C); and (c) the bank account (Account Number: D); and (d) the bank account was transferred to a person who was unaware of his name, under the name, under the name of the Defendant’s name, on the condition that he receives KRW 3 million per account per account.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. A detailed statement of bank transactions and account transactions;

1. Application of Acts and subordinate statutes on customer personal information;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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 reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access transferred by the defendant is actually used in telecommunications-based financial fraud crime and the victim is committed and the defendant is committed against himself/herself; favorable circumstances such as the defendant's age, family environment, motive for committing the crime, circumstances after committing the crime, etc. are considered and favorable circumstances such as the fact that the defendant was punished once for the crime of this type of crime; and other favorable circumstances such as the fact that there is only

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