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(영문) 대전지방법원 서산지원 2017.11.16 2017고단845
전자금융거래법위반
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or lend any access medium with the receipt of, demand for, or promise to pay the price in using or managing the access medium.

On May 2017, the Defendant is a liquor-sale company, which requires the account due to the tax reduction or exemption of the company.

It is intended to give three million won per week after transferring the account, and use it for one month and return it.

“In response to the proposal,” the proposal was drawn up with a device in excess of the Defendant’s name.

1. Around May 2017, the Defendant promised to receive the said consideration in front of the officetel in the Chungcheongnam-dong-dong, Chungcheongnam-si, Chungcheongnam-si, and lent the said access medium to the name-oriented person via an article of Kwikset Services (B) connected to the Defendant’s new bank account in the name of the Defendant.

2. On June 2017, the Defendant promised to receive the above consideration in the fixed text of the apartment house of the head of the government, Maam-dong, Maam-dong, the Defendant lent a physical card connected to the Defendant’s name bank account (C) through Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes on account transactions, receipts, and deposit statements;

1. Relevant legal provisions concerning facts constituting an offense, Article 49 (4) 2 and Article 6 (3) 2 of the Act on the elective Electronic Financial Transactions, and Article 6 (3) 2 of the same Act, the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is committed not only impairing the safety and trust of financial transactions, but also can be abused as other means of crime, and that the Defendant’s lending account has been used for actual fraud, it is necessary to punish the Defendant strictly.

However, the defendant's profit from the crime of this case.

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