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(영문) 수원지방법원 2017.09.26 2017고단4918
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend, keep, deliver or distribute any access medium while receiving, demanding or promising any consideration in using or managing the access medium.

On March 2017, the Defendant received total of KRW 4,200,000 from a person who was unable to know his name at the entrance of a sports complex in Suwon-si, Suwon-si, Suwon-si, to receive a total of KRW 4,20,000 from a person who was unable to know his name, and delivered a debit card, etc., which is one of the access media in the Agricultural Cooperative Account (Account Number B) and a new bank deposit account (Account Number: C) to a person whose name is unknown through Kwikset Service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (suspect A)

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on new bank replies and replies to agricultural cooperatives;

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 circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case can be abused as a means of other crimes, such as the crime of phishing and phishing, as well as impairing the safety and trust of financial transactions, and all the transferred body of access. The circumstances that the account transferred by the defendant is actually used for the crime of phishing: The defendant recognizes and reflects his mistake, and there is no record of criminal punishment except for the protective disposition of juveniles: the above circumstances, the defendant's age, sexual behavior, environment, etc. are considered and determined as the order of punishment as above.

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