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(영문) 창원지방법원 통영지원 2018.08.17 2018고정192
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 borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, at around 14:00 on July 12, 2017, the Defendant: (a) heard the phrase “I wish to lend Hannnnan Card to use it in the process of establishing a corporation, which is subject to the reduction of or exemption from taxes; (b) I wish to pay 3.3 million won per 1 month on a face to one-time,” and (c) sent a physical card connected to the SC Japan bank account in the name of the Defendant for the purpose of receiving the said money by registered mail.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects of the accused;

1. Statement made by the police of D;

1. A written petition;

1. Application of Acts and subordinate statutes on financial transaction replies;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime; and (b) the details of various kinds of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors:

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