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(영문) 서울중앙지방법원 2018.01.25 2017고단9039

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or take over any access medium, or lend or lend any access medium with a requirement or promise to give or receive compensation therefor, unless otherwise provided for in any other Act.

Nevertheless, the defendant, around August 24, 2017, borrowed a passbook from a person who has no name in Seocho-gu Seoul Metropolitan Government to reduce and exempt taxes.

In response to the proposal to the effect that "one account is named as "3 million won guarantee per account," and that "the personal account is used for tax reduction and exemption," the account is transferred to the account, and the account is used for 5 days per case, and the account is returned to the Kwikset service engineer who sent the name in response to the proposal, one copy of the physical card connected to the national bank account in the name of the defendant, and the password is sent to the Kwikset service engineer, and the access media is lent by promising to return the received price by sending one copy of the physical card connected to the national bank account in the name of the defendant and informing the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial transactions in national bank accounts;

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. The circumstances after the crime are not good in that the Defendant’s access media that was leased to the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act was used for a serious crime of Bosing and infringing on the credibility of the safety performance of electronic financial transactions.

However, it is so decided as per Disposition by taking into account the following factors: (a) the Defendant did not take part in the above licensing crime; (b) the Defendant led to confession and reflects the Defendant’s mistake in depth; (c) the Defendant was the primary offender; (d) there was no price actually acquired by the Defendant; and (e) the commission of the crime was committed once, including the Defendant’s age, family relationship, environment