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(영문) 대전지방법원 논산지원 2019.01.15 2018고단463

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

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, around June 11, 2018, the Defendant, in the vicinity of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, called “non-coin company” to the effect that “if the Defendant lends the cream card to reduce or exempt taxes, he would give KRW 3 million per head of the cream,” and accordingly, delivered one cream card connected to the Defendant’s name bank account (D). At that time, the Defendant sent the cream account number and the password of the cream card to E.

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 49 (4) 2 of the relevant Act and Articles 49 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are applicable and punishment is selected;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;