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(영문) 인천지방법원 2017.12.12 2017고단8099
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

On August 13, 2017, the Defendant received a proposal that “on the face of lending a e-mail card to reduce or exempt taxes, the Defendant would give KRW 3.5 million per each person,” from a person who was infinite in the name of the Nam-gu, Incheon Metropolitan City, the Defendant sent the e-mail card linked to the Defendant’s name to the Defendant’s name via Kwikset service article (B) bank account in the name of the Defendant, and the bank account in the bank account in the Republic of Korea.

As a result, the defendant promised to receive the price and delivered the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Account details, etc.;

1. A criminal investigation report (Submission of a report to close a Kakao Stockholm conversation);

1. Application of Acts and subordinate statutes to a report on investigation (a separate statement of opinion is attached);

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 an alternative fine for punishment;

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 against the defendant.

The punishment shall be determined as per the order by selecting a fine in consideration of the conditions of all the sentencing, such as the defendant's age, sex, family relationship, property status, etc.

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