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(영문) 수원지방법원 2016.12.08 2016고단4466
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access, or promise to receive compensation, and lend or receive the means of access, unless otherwise expressly provided for in other Acts.

Nevertheless, on April 5, 2016, the Defendant: (a) lent the means of access to the account by receiving a phone from a deceased person from a deceased person; and (b) lent the means of access to the account to acquire cash on April 5, 2016; (c) lent the means of access to the Kwikset Service Articles who sent the above deceased person to the above deceased person at an unclaimed place in Suwon-gu filmdong, Suwon-gu, Suwon-si on April 5, 2016; (c) promised to receive KRW 2 million; and (c) sent the personal card to the Defendant’s name and notified the password to the phone.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on details of letters;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (such as: (a) the accused’s reflection; (b) the absence of any previous conviction; and (c) the amount of damage from the crime committed through the Defendant’s account was fully returned to the injured party;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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