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(영문) 대전지방법원 천안지원 2017.04.28 2017고단260
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 lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the price therefor.

Nevertheless, on November 16, 2016, the Defendant received a proposal from a person without his/her name to “be engaged in the operation of a liquor company, and due to tax issues, he/she would lend 2 million won per account, if he/she needs to account,” and accepted the proposal, and then, on November 22, 2016, sent each cash card connected to two (C, D) accounts of the Defendant’s name bank account in front of the Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, the Defendant sent it to the person without his/her name to the third party for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of confirmation of transfer transactions;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 2 and Article 6 (3) 21 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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 the fact that there is no record of the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that it is against the law, etc.

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