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(영문) 춘천지방법원 영월지원 2017.10.24 2017고단349
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

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on February 2017, the Defendant borrowed an account to be used to reduce or exempt taxes from a person who is a liquor company.

“On the proposal,” from “C” located in Kangwon-gun B, sent the physical card connected to the Defendant’s post office account in the name of the Defendant D (E) to the non-resident.

Accordingly, the defendant demanded compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on damage;

1. Deposits receipt;

1. Application of Acts and subordinate statutes on details of transactions at D post offices to account holders;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the instant crime, and the defendant has no record of punishment for the same kind of crime; the instant crime is a favorable circumstance where the defendant receives compensation and lends access media used for electronic financial transactions; thus, it may infringe on the safety and reliability of electronic financial transactions; thus, it may be abused as a means of crime, such as telephone financial company, scam, etc.; the Defendant’s leased access media has actually been used for secondary crimes; and other unfavorable circumstances such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., comprehensively taking into account all the factors of sentencing as indicated in the records, such as the following:

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