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(영문) 인천지방법원 2018.05.16 2018고단1678

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing any access medium for electronic financial transactions, or borrow or lease any access medium, or store, deliver or distribute such medium by requiring or promising to receive the price therefor.

Nevertheless, on January 1, 2017, the Defendant supplied alcoholic beverages to a business establishment by telephone from a person who is not a deceased person on his/her name in the first place, and there is a lot of transaction partners and there is a need for a borrowed account to receive money from the transaction partners to avoid taxes.

If a borrowed-name account is lent from 3 to 4 days, it will be paid for 15% of the deposit amount.

On January 16, 2017, upon receipt of the proposal, accepted the proposal, and entered a alphaba (E) corresponding to the password D on the back of the physical card connected to the Defendant’s name in accordance with the direction of the person without a name, Yeonsu-gu Incheon, Yeonsu-gu, the Defendant’s accommodation B and B05, the Defendant’s name, and sent the said physical card to the above person without a name, via Kwikset service article.

Accordingly, the defendant received compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (two times);

1. Statement made by the police with regard to F;

1. Answers to certificates of deposit transactions or requests for provision of financial information;

1. Investigation reports (Attachment of details of account transactions in post offices under the name of the accused) and application of statutes on account transactions;

1. The access media of the Defendant’s lending of the reason for imposing the sentence of imprisonment under the pertinent Article of the Act on Criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions, the Defendant’s lending of the reason for imposing the sentence of imprisonment is highly likely to be used as a means of other crimes, such as Bosing. The Defendant was actually used for the crime of Bosing, and the Defendant was used for the crime of Bosing. On January 17, 2017 and the 18th day of the following month as of January 17, 2017, part of the money transferred to the new account under the name of the Defendant (1,240,800 won = 60,000 won = 2,75,800 won).