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(영문) 수원지방법원 2017.04.27 2017고단910
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, on December 26, 2016, when the Defendant lent the Defendant’s physical card, etc. to an influencer for two months in the vicinity of Suwon-si, Suwon-si, the name influencer was used for the purpose of tax reduction and exemption, and 15% of the tax to be reduced and exempted was agreed with the Defendant’s name influencer, and the Defendant’s physical card, etc. connected to the Defendant’s name influence account was lent to the 30th male influencer.

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 to a report on investigation (Attachment of Details of transactions in the credit union account);

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. While predicting the possibility of being used in illegal transactions for pecuniary interests, the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime, thereby disrupting the financial transaction order.

The access media was actually used for licensing, and the third victim was blicked.

On April 16, 2012, the Defendant transferred the account number, physical card, and password of the passbook during the loan counseling. While the account was used in Bosing and being investigated, the Defendant again committed the instant crime even though he was well aware of the risk of the instant crime. However, the Defendant appears to have committed the instant crime at a poor end due to the limitation of his ability to work due to a temporary illness.

A defendant shall not have a criminal history against the same kind of crime.

In addition, the defendant's age, sex, motive and background of the crime, means and consequence, and circumstances after the crime.

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