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(영문) 대구지방법원 안동지원 2018.06.21 2017고단802

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while receiving, demanding, or promising to provide compensation in using or managing the access medium.

Nevertheless, the Defendant is an exporter from a person whose name is unknown on July 24, 2017, and is soliciting cards to save taxes.

The card shall be 3 million won per card.

“On the same day,” in receipt of text messages, and then received KRW 600,000 per month from “C cafeteria” located in B at permanent residence on the same day, and sent each physical card connected to the Agricultural Cooperative Account under the Defendant’s name (number D), one copy of the C gar Card connected to the Defendant’s post office account under the Defendant’s wife E (number :F), to a person whose name is unknown, using Kwikset’s service.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes on personal information;

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 a fine for negligence;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.