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(영문) 대전지방법원 서산지원 2018.07.18 2018고단441
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing access media under the Electronic Financial Transactions Act, no person shall transfer or receive, request or promise to lend such media, unless otherwise expressly provided for in any other Act.

Nevertheless, on November 16, 2017, the Defendant received the call from the Defendant’s office located in the petition-gu B, Cheongju-si, who referred himself as “C Company D D’s agency” and received the call from the Defendant, and there are several accounts due to tax issues from those in the name of the Defendant.

On the 17th day of the same month, “I will provide KRW 900,000 per day from the non-use account,” in response to the proposal, and then, at the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to I and J;

1. Application of Acts and subordinate statutes to investigation reports (including attached documents, such as account statements);

1. Article 49 (4) 2 and Article 6 (3) 2 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 a elective fine (which reflects the nature of the punishment and takes into account the same kind of criminal records);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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