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(영문) 부산지방법원 2018.04.03 2017고단6105
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On August 30, 2017, the Defendant promised to receive 1.8 million won per account for the lending of an account for tax reduction and exemption in return for the payment of 1,80,000 won by using the word “(60,000 won per account)” with the name infinite and infinite currency. On August 30, 2017, the Defendant sent three copies of the physical card, each connected to the name in the name of the Defendant at the office of Dong-dong, Busan, Dong-dong, Dong-dong, Busan, on August 30, 2017, to the name infinite (C), the Saemaul Treasury account (D), and the SC bank account (E).

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for crimes such as Bosing, etc., and the fact that the Defendant transferred access media is actually used for fraud is disadvantageous to the fact that the Defendant actually used for the crime of fraud.

However, it is against the defendant, and it is the first offender, and there is no benefit from the crime, considering favorable circumstances, and the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, motive, means and result of the crime, etc., shall be determined in full view of all the sentencing conditions specified in the trial process of this case.

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