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(영문) 수원지방법원 안산지원 2017.05.11 2017고단591
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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on December 12, 2016, the Defendant received letters from a person who misrepresented him/her as an employee of a distribution company, and then hangs the phone. The Defendant would pay KRW 700,000 per one, and KRW 210,000 per three, if he/she transferred a e-mail card connected to the account of the head of the Tong.

"I accepted the proposal and sent it to Kwikset service article who sent the above name in the exit No. 6 in Gangnam-gu, Gangnam-gu, Seoul on the same day, and sent to Kwikset service article with each passbook of the new bank account (Account Number C), post office account (D), and corporate bank account (E), and the physical card and password connected thereto.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to report internal investigation (to attach CCTV data at a point in iron dong, one bank);

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1, 6(3)2, and 6(3)2 of the Act on Specialized Financial Transactions in the Selection of Punishment, and Selection of Fines (the fact that the defendant recognized his/her mistake and against himself/herself, the amount deposited into the account in the name of the defendant stated in the judgment is a relatively small amount of money, and favorable circumstances such as the fact that the defendant is old and is difficult to enjoy family conditions);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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