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(영문) 인천지방법원 2017.06.14 2017고단3004
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 17, 2017, the Defendant: (a) received a proposal from a person under whose name the name the Defendant would give KRW 3 million per account; and (b) transferred the access media by informing, through Kwikset Co., Ltd., of the account number and password to a person under his name via Kwikset-based service, at the convenience store located in the 1st floor, Yeongdeungpo-gu Seoul Metropolitan Government apartment building C, 201, Seoul Metropolitan Government 201, the first floor of the commercial building, the Defendant: (c) transferred the access media to a person under whose name the account number and password to a person under whose name the Defendant would have been connected with the string account;

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

Unfavorable circumstances: The defendant's access media was actually used for the secondary crime and the damage was incurred.

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