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(영문) 수원지방법원 안산지원 2018.06.19 2018고단1416
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall lend any access medium while receiving, demanding or promising the consideration.

Nevertheless, on November 2017, the Defendant: (a) received a proposal from a person infinite name who assumes a false position as an employee of a liquor company; (b) provided that “The Defendant would pay KRW 2 million for three (3) days from the lending of the account; (c) around the 22th day of the same month, the Defendant sent the physical card connected to the Defendant’s name check to the Defendant’s name-free account (C) in the vicinity of Ansan-si, Asan-si, the residence of the Defendant around the 3th day of the same month, through Kwikkset’s Services; and (d) provided that the password of the said account was known to the

As a result, the Defendant promised to receive the electronic financial transaction access media in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction specifications and account details;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act show the attitude of the Defendant to reflect on the sentencing, taking into account the following factors: (a) the primary offender is the Defendant’s age, occupation, sex, environment, etc.; and (b) the conditions of all the sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment before and after the instant crime, etc.

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