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(영문) 춘천지방법원 2017.07.10 2017고정164
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on January 24, 2017, the Defendant needs to account in relation to corporate tax benefits from Da, one person who works in C in the presence of 6 services in Gangnam-gu Seoul Gangnam-gu, Gangnam-gu.

If the card is sent, it will be used for 3 days and paid 2.1 million won.

“The” received a proposal and sent to Kwikset Service, who sent Chapter D, one physical card (including a password) connected to the new bank E account under the name of the Defendant, which is an access medium.

Accordingly, the defendant agreed to receive the price from one name D and lent the head of the physical card, which is an access medium, and the password.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of commission (A), commission (F), and copy of a bankbook;

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the confession and reflects by the defendant, and that there is no actual economic benefit, the harm caused by the violation of the Electronic Financial Transactions Act due to the transfer of the passbook is serious, and the equity in punishment with other persons who have committed the same kind of crime similar to the same, etc., the penalty as set forth in the summary order cannot be deemed to be excessive, and thus, the penalty as set forth in

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