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(영문) 대구지방법원 2017.08.11 2017고단3119
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

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 one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

Nevertheless, the defendant, on May 15, 2017, has been operating a textile company through telephone from a person who has no name in light of around 15:00, and there is a person who can lease an account due to tax issues.

Around 11:00 on May 16, 2017, the bank bank account in the name of the defendant at the company bank account (Account Number: D) in the office located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Kim Sung-gun, the bank bank account in the name of the defendant was provided with Kwikset service and lent its access media in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police suspect interrogation protocol against the defendant or E;

1. Application of each entry into records of seizure and the list of seized articles, photographs of seized articles, materials for response to corporate banks, or video statutes;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act lending the accessible medium for the Defendant to receive compensation. However, the Defendant appears to have no profit from the Defendant’s acquisition through the instant crime. The access medium leased by the Defendant is only one, and the Defendant does not have any punishment imposed heavier than that imposed by the Defendant for the same kind of crime, taking into account the conditions for sentencing favorable to the Defendant, and all other conditions for sentencing, such as the Defendant’s age, sex behavior, and circumstances after the commission of the crime, etc., and determine the sentence as ordered.

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