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(영문) 수원지방법원 2018.05.11 2018고단263
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

On September 13, 2017, the Defendant lent Kwikseter’s name to Kwikseter’s article who sent a copy of the physical card connected to the new bank account (B) in the name of the Defendant at around 12:00 on September 13, 2017 to Kwikseter’s proposal that the Defendant would give up KRW 3 million per each account that is not used. On the other hand, the Defendant sent Kwikseter’s name and password to Kwikseter’s article, who is related to the new bank account (B) in the name of the Defendant, and then received a price by notifying the non-known of the account number and password in a mobile phone text, and lent the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to inquire into certificates of confirmation, customer information, and details of transactions;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: The crime of this case is not only a harm to the trust in electronic financial transactions, but also a crime that can cause damage to a large number of victims by using the means of telecommunications fraud and other criminal acts. The actual fact that the access media lent by the defendant is abused to criminal acts and causing damage to the victim.

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