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(영문) 춘천지방법원 영월지원 2018.11.27 2018고단332
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 issue a transaction instruction in electronic financial transactions, or receive, request or lend any access medium used to secure the authenticity and accuracy of users and the details of transactions, or lend or lease the consideration upon receiving, demanding or promising it.

Nevertheless, on May 23, 2018, the Defendant is acting on behalf of B in relation to “B” from the person under whose name the Defendant had not been named at Kakaook.

It is necessary for the account to reduce corporate tax, and 3.5 million won will be paid if the account is lent for three days.

“On May 27, 2018, the proposal was received and consented thereto, and on May 27, 2018, Kwikset rendered Kwikset service in the main apartment parking lot located in the Jokset-gun of Gangwon-gun, the cash cards, etc. connected to the bank account (D) of the name of the defendant was sent to the person who was not the name.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. A certificate of deposits without passbook;

1. Application of statutes on financial transaction information;

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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