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(영문) 의정부지방법원 2017.06.15 2017고단1830
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

Punishment of the crime

No person shall lend a e-mail card, etc. which is an access medium of electronic finance while receiving, demanding or promising any consideration.

Nevertheless, on November 2016, the Defendant would pay KRW 300,000,00 per month to a person who was deceased in the first place of November 2016, for the purpose of tax reduction and exemption.

“On the same day, I agreed to deliver one e-mail card connected to the post office account (C) in the name of the Defendant through Kwikset Service Articles in front of the Government of the Republic of Korea on the same day and to receive KRW 3 million per month in return.

As a result, the Defendant promised to pay for, lent a e-mail card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of transactions of automation machinery and written confirmation on the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to financial data (A);

1. Article 49 of the Act applicable to the facts constituting a crime, Article 49 of the Act on the elective Financial Transactions and Trade, and Articles 49 (4) and 2, and Article 6 (3) 2, and Article 6 of the Act on the Selection of Fines

1. Taking into account the fact that the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses is recognized by the accused, but the accused is also injured and the seriousness of the crime is not known, and the fact that the accused has records of being injured by the same kind of crime, etc.

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