beta
(영문) 의정부지방법원 2018.02.22 2017고단5782

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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

However, on September 2017, the Defendant: (a) received a proposal from a person infinite name who assumes the position of a staff member of a liquor company to “be paid KRW 300,000 per day on the face of lending an account to be used for the purpose of exempting taxes of a liquor company; and (b) sent a letter of check card connected to the new bank account (Account Number: C) in the name of the Defendant through Kwikset service around September 22, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of confirmation of transfer and details of account transactions;

1. Application of CCTV Acts and subordinate statutes;

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. Taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s mistake; (b) there is no benefit from the crime; and (c) there is no previous conviction against the Defendant.