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(영문) 서울동부지방법원 2017.09.26 2017고정1057

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 27, 2017, no one may lend any access medium to financial institutions while receiving, demanding, or promising compensation. However, around 14:00 on March 27, 2017, the Defendant lent the access medium by delivering two physical card cards to the National Bank Account (C) in the name of the Defendant, and the No. 201 to the Account (D) in the name of the non-standing person who borrowed an account to reduce the tax burden, and lends two million won to the Account on the face of one page by lending the account.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of the Acts and subordinate statutes governing LIS which the F transferred to suspect E;

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 crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is not only prejudicial to the trust and safety of financial transactions, but also allowing access media leased from the crime to be used for all kinds of criminal acts. Thus, the nature of the crime is not easy, there is no criminal history against the defendant, and the sentencing conditions indicated in the trial of this case, such as the defendant's health status and family relation, shall be determined by taking into account the sentencing conditions indicated in the trial of this case.