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(영문) 인천지방법원 2018.02.09 2017고단9322
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2017, the Defendant: (a) received a proposal from a person in a name in the vicinity of the Nam-gu Incheon Metropolitan City B and 201, stating that “The Defendant would lend a passbook to reduce or exempt taxes to KRW 3 million on the face of a week from his/her name; and (b) approved Kwikset through Kwikset’s service, sent two physical cards each connected to the Defendant’s deposit account (C) and the national bank deposit account (D) to his/her name in the name.

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (verification of a national bank account);

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. Article 334(1) of the Criminal Procedure Act provides for the amount of fine by taking into account the favorable circumstances for sentencing (such as the violation of the crime, the profit gained by the crime of this case, the fact that there is no record of criminal punishment, etc.) of the Criminal Procedure Act in order to determine the amount of fine by taking into account the above favorable circumstances (the fact that part of the Defendant’s access media was used for a crime) and all other favorable sentencing conditions revealed in this case.

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