전자금융거래법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.
Nevertheless, the Defendant, at around 14:00 on September 12, 2017, at the 21st place of business in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, 451, such as the Seo-gu, Seo-gu, Seo-gu, Daejeon. The director of C company D, leased a new or personal account to be exempted from liquor tax exceeding 40%, and paid KRW 2 million on condition that it is used for 3 days per one account.
“On receipt of the text message stating “,” and promised to receive KRW 2 million per account in a non-name call with a named person, and then, the Defendant’s name bank account was opened by two (Account Number: E.F) and the National Bank Account (Account Number: G) each physical card and password, which are an access medium connected with the National Bank Account (Account Number).
As a result, the Defendant promised to receive the price and used the approaching media respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of the statutes on text messages attached after the police interrogation protocol to the accused (the 84th page of the investigation record)
1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The access media leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was used for fraud.
(2) the extent of the damage is greater than that of licensing crimes;
It is difficult to see it.
One of the leased media was used for the crime of fraud, and the remainder was revealed by the defendant's voluntary statement.
The defendant is divided in depth and has no record of criminal punishment.
In addition, the defendant's hearing disability and this shall be applicable.