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(영문) 대전지방법원 천안지원 2017.05.18 2017고단748
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 2016, the Defendant sent two physical cards connected to the Defendant’s name bank account (Account Number: B) and the national bank account (Account Number:C) to a company that manufactures semiconductor parts, the name of which cannot be known in the city of Ansan-si on October 31, 2016, by receiving a proposal from a person whose name is unknown, to “to reduce taxes from liquor companies, and to offer KRW 1,500,000 per share of each share of each share of which account is lent.” On October 31, 2016, the Defendant sent two physical cards connected to Kwikset-si’s name to a person whose name cannot be known by using Kwikset-si’s name.

As a result, the Defendant promised to pay for, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Details of transactions, photographs thereof;

1. A warrant answer;

1. Application of Acts and subordinate statutes to investigation reports (a copy of passbook);

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 fine for negligence;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order: (a) the deposit account leased by the Defendant was used for the crime of Bosing; (b) there was no benefit acquired by the Defendant from the instant case; (c) there was no criminal punishment; and (d) the Defendant transferred all the access media connected to the Korean bank account as stated on the criminal facts in the course of investigating the transfer of access media connected to the company bank account.

The sentence shall be determined as per the order, considering the fact that he/she voluntarily made a statement and cooperates in the investigation, and all the sentencing conditions, such as the age and health conditions of the defendant.

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