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(영문) 수원지방법원 2016.06.13 2016고단1820
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 the access medium in return for promising to receive any consideration, unless otherwise provided for in other Acts.

Nevertheless, on January 4, 2016, the Defendant sent the nameless winners of the Plaintiff’s name “to pay KRW 6 million from 200,000 per month to the account to be used for tax reduction.” The Defendant: (a) lent the passbook to the nameless winners; and (b) sent three e-mail cards, which are the access media of 2 (C and D), to the Plaintiff’s new bank account opened in the name of the Defendant from the Osan bus terminal located in Osan-si, to the Incheon terminal; and (c) around that time, sent three e-mail cards, which are the access media of 3 (C and D).

As a result, the defendant agreed to receive the price and agreed to use three approaches to the above account in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be abused as a means of crime not only impairing the trust in financial transactions, but also other crimes. In light of the fact that the passbook transferred by the defendant was actually used for the actual fraud crime, the crime is not less light of the nature of the crime.

However, considering the fact that the defendant reflects his mistake and that the defendant is the first offender, the defendant's age and sexual behaviors and all the sentencing conditions shown in the change theory are considered as ordered.

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