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(영문) 수원지방법원 2016.09.22 2016고단3799
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 or take over any access medium in return for promising to receive any consideration.

Nevertheless, on January 27, 2016, the Defendant agreed to receive KRW 3 million per access medium from Kwikwikset Service Articles who sent out the name in front of Kwikset, which is located on the back-air of the wife population at the Gyeonggi-si, and sent a note stating the physical card and password of the national bank account (B) opened in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of detailed Acts and subordinate statutes of deposit transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. Although there are unfavorable circumstances, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) the Defendant was given a consideration and lent access media; and (b) the Defendant’s leased access media was used for the commission of the phishing crime; (c) the Defendant’s mistake is against himself/herself; (d) the Defendant is the primary offender; and (e) the Defendant was the primary offender; and (e) there is no benefit from the Defendant from the instant crime; and (e) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc.

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