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(영문) 서울서부지방법원 2018.04.10 2018고단105
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute any access medium used in electronic financial transactions while promising to receive a price therefor.

Nevertheless, around December 6, 2017, the Defendant is trying to reduce the tax due to the occurrence of a large number of sales in front of the Dasan and the head of the company in the vicinity of the Dongjak-gu Seoul Metropolitan Government B Station.

The phrase "to use 700,000 won per day for 3 days from the lending of the head of the Tong" was accepted by the proposal of the person without the name, and the defendant was transferred to the person without the name of the deceased through Kwikset Service, etc.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning transfer confirmations, telephone lists, provision of financial transaction information, data on the receipt of text messages, and Stockholm dialogue content data;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the first offender who has no particular criminal history; (b) the fact that the Defendant appears to have no substantial benefit from the instant crime; and (c) the fact that all of his mistakes are recognized and reflected, etc., the sentence is determined as ordered by taking full account of the various circumstances, including the Defendant’s age, sexual behavior, family relationship, living environment, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime.

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