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(영문) 수원지방법원 안산지원 2017.03.07 2016고단4887

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, on May 30, 2016, the Defendant loaned 500,000 won per account from a person in a name in front of the KB national bank located in Hongcheon-gun, Hongcheon-do, Hongcheon-do, Hongcheon-do, Hongcheon-ro 318, in front of the KB national bank.

“In receipt of the proposal, the credit cooperative account under the name of the limited company B (C) and lending the passbook connected thereto, etc. on the same day, and opened the credit cooperative account under the name of the juristic person (D), the Saemaul Treasury account (E), the post office account (F), and the Nonghyup Bank account (G), and thereafter lending 2.5 million won in return.

Accordingly, the Defendant lent the approaching media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Remittance data;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to financial response data of a national bank), report on internal investigation (additional account number A of a suspected suspect);

1. Selection of a fine and fine under Article 49 (4) 2 and Article 5 (3) 2 of the Act on the Electronic Financial Transactions and Trades, applicable to the facts constituting an offense;

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. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant committed the instant crime during the period of repeated crime due to special larceny, a large number of accessible media are transferred, and received the price.

However, the defendant seems to have an attitude against the defendant, and there is no record of punishment for the same crime (it is difficult to see that the crime of this case is the same kind of crime as the above special larceny), and other records such as the age, occupation, sex, environment, and circumstances before and after the crime of this case.