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(영문) 수원지방법원 2016.11.03 2016고단5488
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

In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation, and lend or receive the means of access, unless otherwise specifically provided for in other Acts.

Nevertheless, on May 2016, the Defendant: (a) received a phone from a deceased person with no name; (b) lent the means of access to the account to acquire cash; and (c) around May 26, 2016, received KRW 500,000 in return for the three-day lending of the means of access on the adjacent road located in Suwon-si, Suwon-si, Suwon-si, and sent the means of access to the Kwikset service article, and notified the password in writing.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the written petition for D works;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. The crime of this case with the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is deemed to impair the trust in financial transactions, and the means of access leased by the defendant has been abused as a means of other crimes, the crime’s nature is not less than that of the crime.

However, in light of the circumstances leading to the instant crime, the Defendant’s age, occupation, personality and conduct records and arguments, the sentence is rendered as ordered, taking into account the following factors: (a) the Defendant’s mistake is against himself; and (b) the primary offender is the first offender; and (c) all the sentencing conditions

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