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(영문) 서울서부지방법원 2018.06.26 2018고단1257
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

No person shall transfer or take over any access medium in using or managing any access medium for electronic financial transactions.

However, the Defendant, on January 2, 2018, tried to save taxes by lending money from the account to the company of alcoholic beverages from a person in the name of the Defendant, who used the corporate passbook to operate the liquor company, and by using the corporate passbook.

The proposal that the account is lent to the account is accepted, and it is accepted, and it is sent to Kwikset service article through Kwikset service provider in the Hongdong-dong Seoul Metropolitan Government, sent a physical card connected to the Defendant’s name to the Saemaul Bank’s account (C), notified the password through Kakao Stockholm, and transferred the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on verification certificates, applications for deposit transaction, and account transaction details;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (excluding punishment);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act / [favorable circumstances] The defendant's physical card is used for the crime of telephone financing fraud, the crime [ favorable circumstances] during the period of repeated crime is not significantly damaged by fraud, there is no profit acquired by the defendant, and there is no same record as that of the defendant;

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