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(영문) 광주지방법원 순천지원 2017.06.09 2016고단2551

전자금융거래법위반

Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person charged shall borrow or lend any access medium used for electronic financial transactions in return for a price therefor, demanding or promising to do so;

Nevertheless, on May 2, 2016, the Defendant is bound to “C Company Tax Team” from a person who is not named in the name of around 13:00.

I have borrowed the account to reduce taxes.

It shall be 4.6 million won per month as of 2 million won per month and 4.6 million won per month.

“Around May 10, 2016, at Kwikset Co., Ltd., through Kwikset’s service, “Around May 10, 2016,” leased the passbook, e-mail card, password, etc. of the company bank (Account Number E) account in the name of the accused.

2. Determination

A. The record reveals: (a) on October 10, 2016, this court issued a summary order of KRW 3 million to the Defendant on the charge of violating the Electronic Financial Transactions Act; and (b) on October 26, 2016, the above summary order became final and conclusive on October 26, 2016. The main contents of the criminal facts recognized in the above summary order are as follows: (c) the Defendant received the call from a person who was not referring to the “C Company Tax Team” on May 2, 2016, and borrowed the account to reduce taxes.

One account shall be 2 million won per month, and 4.6 million won per month.

On the same day, Kwikset services sent by the winners at the same location on the same day as at around 14:00 on the same day, sending the name-based bank account (Account Number:F) and two physical cards connected to each account under the name of the Defendant, and the password was known to the telephone.

Accordingly, the defendant was promised to pay the price and lent the approaching media.

B. The facts constituting the crime in the final summary order are as follows: (a) the Defendant sent physical cards, etc. on May 2, 2016, namely, on the same day as the Defendant received a telephone on May 2, 2016; and (b) the facts constituting the crime in the instant summary order are sent by the Defendant on May 2, 2016, after receiving a telephone on May 2, 2016, and the date is different.

(b).