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(영문) 대구지방법원 서부지원 2016.06.24 2016고단690
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

The Defendant, on the Internet, promised to report the advertisement of the “toptop site lending” to a person with no name, and call to a person with no name, to receive KRW 2 million and transfer the account.

On December 2, 2015, the Defendant opened a bank merchant account at the same branch (B) and received two physical cards related thereto, and then sent a physical card using Kwikset service to Seoul, one copy of Kwikset to Busan, and then notified the password by telephone.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the relevant Acts and subordinate statutes;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes. The access media transferred by the defendant is also used for actual fraud, etc.

However, in light of the fact that the defendant led to the crime of this case, there is no same record, and the fact that it seems that the user could not actually receive the consideration for lending the access media, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, background of the crime and circumstances after the crime, the punishment shall be determined as ordered.

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