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(영문) 수원지방법원 2017.04.27 2017고단503
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 November 2016, the Defendant borrowed the access media to the account necessary for the investment of stocks from a person who was in the name of a police officer, and received 5% of the profits from the loan, and on November 2016, the Defendant sent the passbook, check card, and the password to the national bank account (C) opened in the name of the Defendant at the address of the Defendant, which was known by registered mail from the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant sent the passbook, check, and notify him of the password by telephone.

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. Statement made by the police against D;

1. Application of the reply statute

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant receives compensation and lends access media; (b) the Defendant’s leased access media was used to commit the phishing crime; or (c) the fact that the defendant reflects the defendant’s wrongness; (d) the defendant has no criminal record other than the punishment imposed once by the fine of this kind; and (e) the fact that the defendant has no economic benefit from the defendant; and (e) the sentencing conditions indicated in the records, such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime; and (e) the punishment as ordered, shall be determined by taking into account the following factors:

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