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(영문) 울산지방법원 2018.05.23 2018고정351

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the receipt, demand or promise of compensation.

Nevertheless, the Defendant, on July 6, 2017, issued a letter to the effect that “on the face of lending an account for tax reduction or exemption, the Defendant would offer KRW 2,00,000 per month to the account.” On July 12, 2017, around July 17, 2017, at around 20:00, the Defendant issued two physical-line cards to the above in a way that he would bring them to Kwikset-based service position in a way that he would bring them to the account in the name of the Defendant at Yangsan-si, the Defendant’s dwelling, B, and the company bank account (E).

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F;

1. Application of Acts and subordinate statutes to file internal reports (Attachment of details of financial transactions replys);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was against the Defendant’s primary offender, and the distribution of sentencing of the same kind of crime was considered.