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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단47
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any electronic financial transaction access medium with the promise to make a price.

Nevertheless, on December 4, 2017, the defendant needs to use the account to be used to obtain tax reduction or exemption from liquor company from a person who has no name.

It shall be used for three days per day by lending the account, and shall be KRW 800,000 per day.

“In response to the proposal, at around 16:00 on the same day, he lent the access media to the names of the deceased through Kwikset’s service with the physical card connected to the Defendant’s name (B) account in front of the 21st Eup’s office of Gangnam-gu, Gangnam-gu, Seoul Special Metropolitan City, the 16:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Reporting of internal investigation (to submit a receipt or facsimile for deposit of a victim);

1. Application of the Acts and subordinate statutes to receipts, materials responding to national banks, and materials reply to Saemaul treasury;

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. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

Corresponding factors: The defendant acknowledges and reflects his mistake; there is no criminal conviction for the same kind; nor there is no criminal punishment exceeding the fine.

In this case, the Defendant’s check card appears to have been used for a crime (the Defendant’s bank account) because the leased approach medium is used for a crime, such as singing, etc., and the Defendant’s check appears to have been used for the crime (the Defendant’s bank account).

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