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(영문) 서울서부지방법원 2018.06.15 2018고단1223

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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, the Defendant is a company that carries out the distribution of taxes from a person who is not his name, and the account needs to be transferred to save taxes, thereby giving three million won per week to the account.

“On the proposal, around February 8, 2018, at around Eunpyeong-gu Seoul Metropolitan Government Housing, one check connected to the National Bank Account under the name of the Defendant (D) and one check card connected to the new bank account (E) prior to the housing of Eunpyeong-gu, Seoul, through Kwikset Service Articles, sent one check to the name in secret, notify the password to Kwikset, and lend the access media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a list of transactions of entry and withdrawal, and customer information inquiries;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and Trades (excluding punishment for a violation) applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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;