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(영문) 창원지방법원 2017.03.24 2017고정88
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

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on February 2, 2014, the Defendant proposed to the effect that “I know several liquor companies while acting as alcoholic beverage agents, I want to collect taxes without stopping a tax invoice in relation to the return of value added tax, I borrowed the passbook from the Defendant, and in return, I would make the Defendant enter the Defendant’s cargo vehicle in return.” On the other hand, at the post office near the Busan Hysung Bank around the Busan Hysung Bank, the Defendant sent one e-mail card in the name of the Defendant at the post office near the Busan Hysung Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

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 of Article 334(1) of the Criminal Procedure Act is against the defendant, and there is no same criminal record.

In addition, the sentence like the order shall be sentenced in consideration of various sentencing conditions shown in the records and arguments, such as the background of the crime, the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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