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(영문) 대전지방법원 천안지원 2016.07.14 2016고단781
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 Act, no person shall lend any access medium to another person for the use and management of an access medium to electronic financial transactions by promising him/her to receive such consideration.

Nevertheless, on February 16, 2016, the Defendant would pay 700,000 won per day when he/she lends an account necessary for receiving tax reduction or exemption by telephone from a person who has no name or representation.

“At the Defendant’s residence in Seocheon-gu, Seocheon-gu, 105 dong 101, the proposal was received and sent to him, and on the same day, Kwikset used Kwikset’s bank account (D) and check up the passbook and check card connected to the Defendant’s name to his name.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes on the verification of transaction details;

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 334(1) of the Criminal Procedure Act is that the lending of access media for electronic financial transactions can be used as a means of other crimes, and the nature of the crime cannot be denied. In the instant case, since the access media actually leased by the Defendant was used for the crime of Bosing, it cannot be held liable for the Defendant. Meanwhile, the amount of damage caused by the crime of Bosing is relatively small, the Defendant’s initial crime and reflects the Defendant’s initial crime, as well as the Defendant’s age, sex, environment, etc., by taking into account the various factors indicated in the pleadings of the instant case such as the Defendant’s age, sex, and environment.

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