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(영문) 대구지방법원 2017.11.02 2017고단4697
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 7, 2016, the Defendant made a loan to the following three months after the establishment of a corporation under the name of the political party, and to the following three months through the opening of an account in the name of the juristic person and to the four million won through the opening of an account in the name of the juristic person.

“Around December 15, 2016, upon receipt of the proposal, accepted the proposal, and received the registration certificate for the corporate registration of “C” for which the Defendant was named as the representative at the Dong-gu Tax Office in Daegu-si, Daegu-si, 895 as compensation for state bonds.

On the same day, the Defendant continued to move to a Dong branch of Daegu Bank located in 2387, as Daegu City/Gu, and submitted the documents necessary for the opening of the passbook, such as the business registration certificate of “C” and the certificate of seal impression, to the employees of the bank whose name the application for opening the account is impossible to identify, and then opened the Daegu Bank Account in the name of “C” under the name of “C” and opened the access media, such as the passbook and cash card, to the person who was not registered.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the specifications of transfer, and the statutes on warrant response data;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which was committed by the Defendant on the grounds of the crime of injury on June 30, 2016, committed the instant crime in spite of the fact that the Defendant was sentenced to a fine for the same offense on the grounds of the crime of injury on June 30, 2016, which was in the period of suspension of execution, in the current period of suspension of execution, repeatedly committed the instant crime; opened and transferred a passbook in the name of the juristic person; and the access media was used for the actual crime of telephone financing at a disadvantage.

(b).

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