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(영문) 서울동부지방법원 2017.09.12 2017고정913

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing access media, no person shall borrow or lend, or store, deliver or distribute any access medium while requiring or promising to receive compensation.

Nevertheless, on December 23, 2016, the Defendant: “In order to reduce taxes, the Defendant was urged from a person in an unsound name, who borrowed an account, to offer KRW 2 million per month, KRW 5 million per month, and KRW 5 million per month to 2,000,000.” On December 26, 2016, around 15:00, the Defendant opened a personal check card with the Defendant’s name-based Kwikset’s bank account with two (Account Number: D and E) accounts with the Defendant’s name-based Kwikseter in Seongdong-gu Seoul on December 26, 2016.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the details of transfer transactions to two Chapters A and A Bank Account transactions Acts and subordinate statutes;

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 of the Nowon-gu Station shall not only harm the trust and safety of financial transactions, but also allow the access media leased from the crime to be used for various criminal acts. Thus, the nature of the crime is not easy, and the defendant has no record of criminal punishment for the same crime, and the sentence shall be determined as ordered in consideration of the sentencing conditions in the trial of this case.