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(영문) 서울서부지방법원 2018.08.24 2018고단2254

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on March 2018, the Defendant: (a) received a proposal from a person in the name of the first police officer on his/her own name, stating that “The Defendant would give three million won per share to a liquor company for the purpose of tax reduction; and (b) accepted the proposal; and (c) placed one head of the physical card linked to the bank account under the name of the Defendant (C) at the office of security guards in Yongsan-gu in Seoul, Yongsan-gu, Seoul; and (c) lent a accessible medium by allowing Kwikset service engineers to search for it and deliver it to the person in the name of the deceased.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on account separate transactions;

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;