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(영문) 서울남부지방법원 2016.08.09 2016고단2407
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in managing the access medium of electronic financial transactions.

Nevertheless, the Defendant, on March 2016, lent KRW 2 million to the Seocho-gu Seoul Metropolitan Government Construction Company, only one month of financial transaction cards in order to save taxes.

“On the proposal, Kwikset Co., Ltd. issued a personal bank account (E) and password under the name of the Defendant to the name-oriented person via Kwikset Services.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access 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 Acts and subordinate statutes requesting the provision of financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a fine of choice of punishment (the act of lending access media by a defendant constitutes a crime leading to a larger social crime, and the act of lending the access media actually falls under the case where the account in the name of the defendant is deemed to have been used for a crime of telephone finance fraud, and the liability for the crime is not less severe, but it is not easy to take into account such circumstances as the fact that the account in the name of the defendant appears to have been used for a crime of telephone finance fraud; the fact that the defendant was committed passively and was not actually acquired; the fact that the

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

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