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(영문) 수원지방법원 2018.01.18 2017고단7752
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, around 11:00 on June 7, 2017, the Defendant promised to receive KRW 1.8 million in return for the use of the account to be used for tax evasion from a person who assumes a false person who assumes a false person as an employee of a liquor company in front of the building Osan City B in return for using the account for three days, and lent the access media to the name-oriented person via Kwikset Service's service article, and promised to provide Kwikset Service's service article with the personal identification number and the account number to receive compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for a warrant of search and inspection of seizure;

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and subparagraph 10 of Article 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act with the reason of sentencing of Article 334(1) of the Criminal Procedure Act not only caused disturbance to the financial transaction order, but also the access media provided by the Defendant was actually used for the criminal act of fraud, and the third victim was able to grow up.

However, the Defendant recognized all the crimes of this case, and is against the law.

The defendant has no record of punishment, except for the punishment of a fine three times from 2002 to 2005 as a crime of fraud, etc.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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