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(영문) 수원지방법원 성남지원 2017.09.21 2017고정1158
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any medium access to electronic financial transactions in return for the promise to receive a price therefor.

Nevertheless, on December 5, 2016, the Defendant received a telephone call from a person in an unsound place to the effect that “if the Defendant is a logistics company, and only three days loaned the individual passbook to reduce or exempt taxes, the Defendant would pay the price of three million won per one.” On the same day, the Defendant sent a physical card linked to the Defendant’s name bank account (Account Number (B) and one physical card linked to the Defendant’s name bank account (Account Number (Account Number: B) in front of the 207 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 13:00 on the same day.

As a result, the Defendant promised to receive the access media for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (for a suspect A, the identification of the balance sheet in place), investigation report (a copy of a passbook of a suspect A bank account);

1. The content of the Stockholm conversation and the application of the Acts and subordinate statutes governing the remittance table;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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. Taking into account such factors as the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant, the fact that the damage deposited into the Defendant’s bank account appears to have been refunded to the victim due to the suspension of payment, and the fact that the Defendant is the first offender, etc.

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