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(영문) 춘천지방법원 원주지원 2017.01.17 2016고단1128
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend any means of access to electronic financial transactions in return for the consideration therefor.

Nevertheless, on May 2016, the Defendant: (a) received a proposal from a person who was in the name of the first police officer to “be given KRW 2 million a day with a traffic card; and (b) accepted the proposal and sent a physical card linked to the post office account (Account Number D) in the name of the Defendant in the Gangwon-gu Crossing-gun C; and (c) sent the account number and password of the said account to the person who was in the name of the first police officer via Kwikset Services; and (d) notified him of the account number and password of the said account by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions and application of Acts and subordinate statutes on remittance receipts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order was that the electronic financial transaction access medium transferred by the Defendant was used as the tool of telephone financial fraud crime, resulting in the victim.

However, there is no record that the defendant has been punished for the same crime.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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