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(영문) 대전지방법원 천안지원 2017.08.10 2016고단1647
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

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, on June 2016, the Defendant borrowed an account to reduce taxes from liquor companies.

For 15 days, 3 million won will be paid if the account is lent for 15 days.

“On receipt of a proposal to the effect that “, at the same time as the C cafeteria located in Pyeongtaek-si, the C cafeteria card and password connected to the Defendant’s name bank account in front of the C cafeteria located in Pyeongtaek-si, was put to the Defendant’s name in the Kwikset’s service, and leased an access medium with the promise to pay.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on deposit receipts;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending the access media for electronic financial transactions can be used as a means of other crimes. In reality, even in this case, the access media leased by the defendant was used for committing a crime, circumstances favorable to the fact that the defendant was subjected to a disposition of suspension of indictment due to the same kind of crime: recognition of a crime and reflects on the fact that there is no record of criminal punishment exceeding a fine; the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and the circumstances before and after the crime are determined as ordered by the order.

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