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(영문) 창원지방법원 통영지원 2017.06.29 2017고단498
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

The defendant is a liquor company and requires an account to avoid tax on alcoholic beverages from his name and in order to avoid tax on alcoholic beverages.

On December 14, 2016, the post office and the post office in the Dong-dong, Dong-dong, called “to pay 2 million won or more,” and on December 14, 2016, the Kwikset Card No. 1 and the head of the Sukset Card No. 1 linked to the Sukset Account (C) linked to the Kwikset Service Officer’s name.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A petition or personal financial transaction;

1. The details of transactions with the Suhyup Bank and the application of statutes governing transactions with the Saemaul Bank A;

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 act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

And the defendant has no record of criminal punishment.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and result, circumstances after the crime, etc. are considered as the order.

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