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(영문) 인천지방법원 2017.09.13 2017고단4932
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 borrow or lend, or store, deliver or distribute any access medium while receiving, demanding or promising any consideration in using or managing the access medium.

Nevertheless, the defendant's account is necessary to reduce the tax amount from a person who is not his/her name.

It is intended to offer 10% of the deposited money at the face of the account lending.

“After receiving and consenting to the proposal, “Swikset Co., Ltd.” was issued on October 2016, 2016, on the first day of Yeonsu-gu Incheon Apartment and 113 Dong 1501, Kwikset Co., Ltd., linked to the Defendant’s name account (C) in the name of the Defendant.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The Defendant's access media was actually used for the secondary crime and the damage was incurred.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

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