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(영문) 춘천지방법원 영월지원 2018.10.30 2018고단308
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

On April 23, 2018, the Defendant requires an account to be exempted from taxes to the company that engages in trade business.

One account shall be lent, 1.5 million won shall be the rent.

“On the 30th day of the same month, Kwikset Service, which sent the name in front of the Korean Bank, No. 22 in the 22th day of the Gyeonggi-gu Yang-gun, Yangyang-si, Yangyang-si, had received a proposal to the purport that the Defendant lent two accounts in the name of the Defendant, containing one physical card in the name of the Defendant No. 3 (B) and one physical card in the name of the same post office account (C).

As a result, the Defendant promised to pay for, lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written petition;

1. A detailed statement of damage;

1. New materials of the Agricultural Association;

1. Application of Acts and subordinate statutes to investigation reports (the nominal telephone conversation of the account holder);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime; (b) favorable circumstances, such as the fact that there was no record of punishment for the same kind of crime; (c) the instant crime is a lending of the access medium used for electronic financial transactions by the Defendant at a price; (d) not only infringes the safety and reliability of electronic financial transactions; but also may be abused as a means of crime, such as telephone financial company, phishing, etc.; and (e) the fact that the access medium leased by the Defendant was actually used for a second offense; and (e) other unfavorable conditions for sentencing as shown in the records, such as the Defendant’s character, character, environment, motive and background of the crime, the number of access media used for the crime, and the circumstances after the crime.

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