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(영문) 전주지방법원 군산지원 2017.05.17 2017고정61

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend money by receiving, demanding or promising to receive any consideration in electronic financial transactions or in using or managing any electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of users and the details of transactions and other similar electronic information and a password necessary for using such card.

Nevertheless, on May 2016, the Defendant: (a) heard the phrase “B Company C head, who is the head of the B Company, and would lend the C Card for the purpose of tax reduction or exemption, to KRW 1,500,000 per 1,000 won per 1,50,000 won per page; (b) delivered e-mail card connected to the Defendant’s new bank account under the name of the Defendant, and e-mail card 2, and password, which are linked to the bank account (E) in Korea, to Kwikset Service, etc.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Search and seizure inspection warrants and application of the Acts and subordinate statutes as the result thereof;

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);

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

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