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(영문) 수원지방법원 2017.08.08 2017고단38
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

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 October 2016, the Defendant agreed to receive KRW 1,500,000 per access medium from a person who was in the name of the police officer and lent a medium of access to the account and acquire cash. On October 20, 2016, the Defendant agreed to receive KRW 1,50,000 per access medium from the officer of Kwikset service who sent the above person without his name to the officer of Kwikset service who received KRW 1,50,00 per access medium, and sent the password to the officer of Kwikset who sent the above person without his name to receive KRW 1,50,000 per access medium.

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 relevant Acts and subordinate statutes to verify the details of deposits without passbook;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc., and the Defendant’s access medium was actually used for the crime of lending fraud, etc., under unfavorable circumstances, the Defendant committed an offense with an expectation of economic benefits, but the actual benefit was gained.

The circumstances that can be seen have not been confirmed, and the primary offender who is still aged and who has no record of criminal punishment are considered as favorable circumstances, and the character, character, environment, family relationship, motive and circumstance of the crime of the defendant, and after the crime is committed.

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