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(영문) 대전지방법원 천안지원 2018.08.07 2018고정446
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium to financial institutions while demanding, demanding or promising the consideration.

Nevertheless, the Defendant, at the office located in Dong-gu, Nam-gu, Nam-gu, Seoul on November 17, 2017, would give KRW 2 million to a person whose name is not known, for the purpose of tax reduction by the importing company.

Upon receipt of a proposal to the effect that "," it was delivered to the defendant's name bank account (number D) by door-to-door delivery.

As a result, the defendant promised to receive the consideration and used the approaching media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of subparagraph (A) of deposit certificates and response to financial transaction information;

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

1. It is necessary to strictly punish the transfer or lending of access media for electronic financial transactions with the reason of sentencing under Article 334(1) of the Criminal Procedure Act as the means of other crimes.

In this case, the access media leased by the defendant was used for the crime of Bosing, causing damage.

However, the defendant recognized his mistake and is in profoundly against himself.

There are no criminal records of the same kind.

There is no profit acquired by the defendant due to the instant case.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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