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(영문) 의정부지방법원 2019.01.09 2018고단4763
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant listened to the statement that “the account needs to be kept for the purpose of tax reduction. If the account is lent, 4 million won will be given if the account is lent,” and around 17:00 on July 23, 2018, the Defendant sent the physical card connected to the Defendant’s name (E) bank account in front of the Gyeonggi-si B apartment Cdong, Namyang-si, Gyeonggi-si, and notified the password.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the police statement concerning F;

1. A certificate of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 9);

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In that the crime of violating the Electronic Financial Transactions Act, such as the instant case’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant case, is easy to commit a criminal act of violating the Electronic Financial Transactions Act, which is a serious problem in our society, the issue cannot be deemed to be light

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc.

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