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(영문) 춘천지방법원 영월지원 2018.12.18 2018고단408
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

No person shall borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of such transaction, upon receiving any consideration therefor, requesting or promising to do so.

Nevertheless, on September 2, 2018, the Defendant requires a check card for tax reduction from a person who is in a name in the name of the defendant.

It shall be used for 40,000 won on the face of lending the check card, and three million won shall be paid.

“On September 3, 2018, in receipt of a proposal and acceptance thereof, and send a physical card connected to the new bank account (B) in the name of the Defendant at Echeon-si post office located in Leecheon-si on September 3, 2018 at home.

This was replaced by the Supreme Court.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition;

1. A certificate of confirmation;

1. Application of Acts and subordinate statutes regarding transaction details;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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 the fact that the Defendant recognized the instant crime, favorable circumstances such as the fact that there is no record of criminal punishment, the instant crime is a lending of the Defendant’s access medium used for electronic financial transactions, which may infringe on the safety and reliability of electronic financial transactions, and may be abused as a means of crime, such as telephone, singing, etc., and thus may be abused as a means of crime, which is a financial company, etc., and the Defendant’s leased access medium is actually used for a secondary crime, and other unfavorable circumstances such as the Defendant’s character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., shall be determined as ordered by taking comprehensive account of all the conditions of sentencing as shown in the records.

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