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(영문) 전주지방법원 2018.11.22 2018고단1890

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.

On April 24, 2018, the Defendant: (a) received the name influence letter from the head of the Tong and the head of the Tong to be used to reduce or exempt taxes on liquor companies; (b) issued the name influence card and the head of the Tong connected to the Defendant’s name bank account (Account Number: E) through Kwikset’s services; and (c) notified the name influence to the name influence.

Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Application of Acts and subordinate statutes to the certificate of transfer confirmation, the inquiry table of customer information, and details of transactions of entry and departure;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment, the Defendant, in response to his proposal, took an access medium used for electronic financial transactions on a person who is not known in compliance with his/her intent to pay the consideration, because it is necessary for the Defendant to use the access medium to solve the tax problem of the liquor company. Since the Defendant’s access medium was actually used as a means of fraud, the issue is not weak.

However, the defendant's mistake and reflects, and the defendant does not have any specific criminal punishment in addition to the one-time fine of minor different species.