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인천지방법원 2018.03.21 2017고단9262
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 10, 2017, the Defendant: (a) received a proposal from a person in the name of Seo-gu, Seo-gu, Incheon, stating that “The Defendant would lend a card for the reduction of or exemption from taxes to KRW 3.6 million; (b) delivered each one of the physical cards connected to the Defendant’s bank deposit account (B) and one bank deposit account (C) through Kwikset.

As a result, the Defendant promised to receive the price and used the approach media for each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (in response to details of transactions, etc. in the A name);

1. Application of laws and regulations on account transactions in one bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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 highly likely to cause secondary damage, such as fraud, and the lending of electronic financial transaction access media is highly likely to be misused for crimes.

In fact, all of the two savings accounts leased by the defendant seems to have been used for licensing.

However, it is against the confession of the defendant, and there is no record of punishment for the same kind of crime.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.

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