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(영문) 창원지방법원 통영지원 2018.05.17 2018고단290

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 other Acts, no person shall lend any access medium with the receipt, demand or promise of compensation.

Nevertheless, on January 2, 2018, the Defendant: (a) received a proposal from the Defendant’s home located in Sast City B to lease the borrowed account to reduce alcoholic beverages tax; (b) paid KRW 700,000 per day to the account; and (c) accepted the proposal; and (d) delivered a physical card each connected to the Defendant’s account in the name of the Defendant at the D agency located in Sast City C on January 4, 2018 to the name in the name in the name in the name of the Nonindicted Bank account (E) and the Agricultural Cooperative Account (F). < Amended by Act No. 15183, Jan. 2, 2018>

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Official receipts:

1. Response to financial transaction information;

1. Application of investigation reports (Attachment to the details of transaction in the NongHyup account lent by the person under investigation);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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;