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(영문) 수원지방법원 2017.04.27 2017고단673
전자금융거래법위반
Text

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

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

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 October 17, 2016, the Defendant received letters from the person without his name, lent the access medium to the account, and thought to acquire the cash. On October 17, 2016, the Defendant agreed to receive KRW 1 million per access medium from the Defendant’s home located in Swikset Co., Ltd. to receive KRW 1,00,000 per access medium from the Defendant, and sent the password’s personal identification card from the company bank account (D) 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 by the police for E;

1. E statements;

1. A certificate of deposit;

1. Data replies to financial institutions related to A;

1. Application of Acts and subordinate statutes on transaction lists by account;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant was to receive the consideration; and (b) the Defendant leased the approaching medium; and (c) the Defendant was used for the phishing crime.

On the other hand, there are favorable circumstances such as the defendant's wrongness, the defendant's primary offender, and the fact that there is no economic benefit from the defendant.

The sentence shall be determined as ordered by comprehensively taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime.

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