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(영문) 서울동부지방법원 2018.11.16 2018고정1108

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, on July 2017, the Defendant received a written message stating that “3 million won will be given on the face of a week by lending an account for the reduction of liquor tax,” from a person in the name of the first police officer. On the same day, the Defendant lent the access media to the Kwikset service provider who sent one check to the D Bank account (Account Number E) in the name of the Defendant in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City and C, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of separate accounts;

1. Application of the Acts and subordinate statutes applying for a search and inspection warrant;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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;