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(영문) 부산지방법원 동부지원 2016.05.02 2015고정1280

자동차관리법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is the owner of a passenger car with B gallon.

From February 5, 2009 to August 24, 2010, the Defendant left the said car alone without any legitimate authority in the D Scrap c located in Yangsan-si.

2. No person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising any consideration in violation of the Electronic Financial Transactions Act;

Nevertheless, the Defendant, on March 2015, sent the message “The security of KRW 3,00,000,000 per day to the main office for the lease of one passbook” to the Kakao Stockholm, and received KRW 50,000 per day in return for lending the Defendant’s account to the needy party, and around May 29, 2015, on May 18:30, 2015, the Defendant sent the Defendant’s deposit passbook, the Bank’s account passbook, the access media of the Bank’s account in the name of the Defendant, and the physical check card to the needy party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Report on detection of an offender;

1. Remittance receipt;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of transaction details of passbook A under suspect A);

1. Article 81 subparagraph 8 of the relevant Act and Articles 81 and 26 (1) 3 of the Automobile Management Act (the occupation of leaving a vehicle unattended without permission and the choice of fines), Article 49 (4) 2 and 6 (3) 2 of the Electronic Finance Act (the occupation of lending an access medium and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;