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(영문) 창원지방법원 2018.12.19 2018고단2629

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

In using and managing access media, no one shall demand, demand or promise to provide compensation and lend it while promising to do so, or lend access media knowing that it is to be used for an offense, unless otherwise expressly provided for in other Acts.

However, the Defendant, on January 2018, lent a letter message from a person without his name, to a liquor company, to use the tax reduction or exemption. If the Defendant borrowed one head of the check card connected to the bank account under the name of the Defendant, he would have more than 10% of the fee for the amount to be deposited to the account.

“To receive the proposal.”

With knowledge of the fact that the Defendant was used for tax reduction and exemption, the Defendant, in response to the proposal from January 12, 2018 to January 13, 2018, sent to the person under whose name the Defendant was named, a chapter 1 of the physical card linked to the National Bank Account (Serial B) in the name of the Defendant, using the post office’s home page, and informed the person under whose name was named, of the phone number “C” by means of text messages.

Accordingly, the defendant agreed to receive the price and agreed to use the access media used in electronic financial transactions for a crime, knowing that it is to be used in the crime, in lieu of name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a detailed statement of transactions of entry and withdrawal;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a means of lending a medium of access to a price promise) concerning criminal facts, Article 49(4)2, and Article 6(3)3 (a) of the Act on the Electronic Financial Transactions and Trade (a person who knowingly leases a means of access to a crime) concerning criminal facts;

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;