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(영문) 제주지방법원 2017.10.18 2017고정525

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

No person shall lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on May 2016, the Defendant borrowed an account because it is a liquor sales company, which is a tax problem.

It shall be paid KRW 900,000 per copy per day on the face of the account lending card, and shall be returned three days after the payment.

“In receipt of the proposal, it accepted the proposal, and around that time, at the Jeju airport located at the Jeju Airport 2, the post office account under the name of the Defendant (C) and the new bank account (D), sent a total of two copies of the physical card, each of which is linked to the two accounts, on an air call, and notified the person who was in the name of the Defendant of the password to the Kakaok.

Accordingly, the defendant agreed to receive the price from the person who is not his name and lent the physical card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into details of financial transactions;

1. A letter of commission (A) and reply (A);

1. Application of Acts and subordinate statutes reporting investigation results;

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 (the amount of fine shall be determined in consideration of the fact that there is no record of the same kind of crime, nor any economic benefit derived from the crime at all, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;