beta
(영문) 수원지방법원 2018.02.08 2017고단8254

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, at around 15:00 on August 8, 2017, the Defendant promised to receive KRW 2,100,000 in return for the loan of the passbook to be used for tax evasion from a person in the name in the name in return for three days, and lent the accessible medium by promising Kwikset service to receive a price by notifying Kwikset's bank account (D) of the account number and password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (in relation to a person suspected of being attached a photograph of deposit details of a bankbook and a person suspected of being charged), and a report on internal investigation (in addition to two copies of deposits without passbook);

1. Application of the Acts and subordinate statutes of investigation report (a copy of passbook submitted by suspect A);

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and subparagraph 10 of Article 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The head of the passbook leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for the singishing crime and the occurrence of the third victim.

The Defendant committed the instant crime and disturbed the financial transaction order for the purpose of pecuniary profit in front of the Defendant.

However, the Defendant had no record of punishment before the instant case.

The Defendant recognized the instant crime and runs against the Defendant.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.