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(영문) 수원지방법원 2018.06.05 2018고단1175

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

Criminal facts

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, around October 16, 2017, the Defendant received a proposal from D to the effect that “I would like to obtain letters from a liquor company, and if I would like to lend the passbook to be used for tax evasion, I would like to send it as I would like to I would like, I would like to do so,” and in response, I would like to send one head of Tong and Postal Card connected to the Agricultural Cooperative Account under the name of the Defendant, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 20 connected to the other Agricultural Cooperative Account (F) around October 14, 201, I would like to inform D of the password and inform D of the password through the name of the address near the Incheon Metropolitan City H around October 14, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police to J;

1. A certificate of details of member transactions, data on replies to the National Bank, details of transactions of deposits and withdrawals, data on replies to the Regional Agricultural Industry Cooperatives, information on the business of withdrawing the A account, and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to an investigation report (D telephone call - Time of delivery of A account);

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 for punishment;

1. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, the amount of fine shall not be paid) under Article 70(1) and Article 69(2) (1) of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant is divided and reflected in the crime of this case, and the class III of intellectual disability is hindered.