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(영문) 의정부지방법원 2017.06.29 2017고단2188
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on March 8, 2017, the Defendant borrowed an account for the purpose of saving the tax of the distribution company from a person who was in no name (one person B acting on behalf of one person).

It will pay KRW 2 million per account.

“After accepting the proposal,” around 13:00 on March 13, 2017, the “Skwikset service article in front of the reconstruction site in Songpa-gu Seoul, Songpa-gu, Seoul, transferred his name bank (Account Number C)’s physical card and informed him of the password in telephone conversations.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of an investigation report (in cases of attaching a photograph to the closure of a mobile phone name A, such as a mobile phone message of the account owner);

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. Taking into account the following: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s mistake; (b) the amount of damage inflicted on the Defendant’s bank account is deemed to have been recovered; and (c) the Defendant has no criminal record other than a minor fine prior to and once;

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