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(영문) 수원지방법원 2018.09.07 2018고단2924

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 borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the Defendant, from around 16:00 on December 8, 2017 to around 17:00, issued a proposal to the CJ in order to the effect that “We are trading companies B, but we will use the account to be used for tax reduction and exemption, and pay KRW 3 million at the fee for a day on a day, if you lend the account to be used for tax reduction and exemption,” and accordingly, notified the Defendant by sending the password to the non-person under the name of the Defendant using a one copy of passbook connected to the SC bank (C) account in the name of the Defendant, one copy of passbook connected to the SC bank (C) account in the name of the Defendant and one copy of the CC card, while sending the password to the non-person on the back of the above card.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit (a certificate of deposit in other ways);

1. Application of Acts and subordinate statutes on the release of deposits;

1. Relevant Article of the Act on Criminal facts, Article 49 (4) 2, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is chosen, the selection of fines (the confession, reflectivity, and the absence of any record of punishment for the same kind of crime, 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;