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(영문) 수원지방법원 안산지원 2017.04.13 2017고단390
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, he shall be 100.

Reasons

Criminal facts

No person shall lend any means of access to electronic financial transactions in return for the payment, demand or promise.

On December 9, 2016, the Defendant: (a) received a proposal from a person who was in the name of the Defendant to “be paid 10% of the deposit amount of the account if he/she borrowed it as commission because of tax issues; and (b) lent the access medium by promising to pay the price by using Kwikset through Kwikset’s bank account (Account Number: D) at the convenience store located in the member-gu, Gyeonggi-si, Gyeonggi-si, the 18:00 on December 13, 2016, at the convenience store located in the member-gu, Gyeonggi-si, the company’s bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the statutes notifying data on financial transaction status;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sex, environment, background leading up to the instant crime, means and result thereof, circumstances after the instant crime, the number of similar cases, and other various conditions of sentencing as shown in the argument of the instant case, shall be taken into account. In particular, the favorable circumstances: (a) the confession of the instant crime; (b) the acknowledgement of the Defendant’s mistake; and (c) the fact that the Defendant has no record of criminal punishment.

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