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(영문) 인천지방법원 2017.11.16 2017고단7716
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.

Reasons

Punishment of the crime

No person shall lease an access medium in return for promising to receive the price.

Nevertheless, the defendant will lend the head of the Tong to the person in the name of the defendant for the purpose of tax reduction and exemption, and pay 3 million won to the person in the name of the defendant in the month as the loan fee.

“After receipt of a proposal to the purport, it was accepted, and then, around February 1, 2016, sent the physical card connected to the SC bank account (B) in the name of the Defendant in front of the training station located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the above person without his name, and added the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the specifications of deposit transactions;

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 act of transferring the physical card or password on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for sing, singing, etc., and thus, the social music is reasonable.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record of the same kind.

The punishment shall be determined as ordered in consideration of the circumstances above and other conditions of sentencing, such as the age, sex, family relationship, property status, etc. of the defendant.

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