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(영문) 수원지방법원 2017.04.13 2017고단134
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 or take over any access medium in return for promising to receive any consideration.

Nevertheless, on September 7, 2016, the Defendant promised Kwikset service article to receive KRW 100,000 per access medium and to receive a new bank account (C) opened in the name of the Defendant, and sent a password number by telephone. On September 7, 2016, the Defendant lent access media and received cash acquisition. On September 14:00, 201, the Defendant promised to receive KRW 100,000 per access medium from Kwikset service article who sent the above name in front of 6306 Dong-gu, Suwon-si, and 6.06 Dong 101.

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. Written statements of D;

1. Application of statutes on reply to warrants;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant promises to receive compensation and lends access media; (b) the fact that the access media leased by the defendant was used for the criminal act of phishing; (c) the fact that the defendant reflects the defendant's wrong; (d) the defendant is the initial offender; and (e) the fact that the defendant has no economic benefits acquired by the defendant; and (e) the punishment is determined as ordered in light of the following factors: (a) the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime; and

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