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(영문) 수원지방법원 2017.04.25 2017고단195
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

Criminal facts

On October 20, 2016, the Defendant received KRW 700,000 per day from the offline of the Defendant’s house located in Suwon-si, Suwon-si, from the offline, and leased the access media using one passbook and one check card connected to the Defendant’s name bank account (D) through Kwikset service article, through Kwikset service article, to inform the offline and password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of reply statutes on requests for details of financial transactions, such as deposit transaction statement;

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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have no benefit from the crime of this case.

The defendant is an elementary offender who has no record of criminal punishment.

Circumstances unfavorable to the defendant are as follows:

The crime of this case is likely to be abused as a means of crime, such as telephone, singing, etc., as well as infringing on the safety and reliability of electronic financial transactions, as a case of lending access media used for electronic financial transactions by the defendant at a price and using it as a means of crime.

In fact, the access media lent by the defendant was actually used for the second offense and the damage occurred.

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