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(영문) 수원지방법원 안양지원 2017.12.15 2017고정795

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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, around 15:00 on February 21, 2017, the Defendant heard from a person in unsound name who assumes the name of the team leader of the D Company E in the presence of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, that “The Defendant will take 10% of the face-to-face transaction amount by lending 2-7 days account as it is necessary to use the raw milk import company for the purpose of tax exemption” from a person who assumes the name of the team leader of D Company E in the name of Yangcheon-gu, Seoul, and opened up one check card connected to the name in the name of the Defendant’s name to the Sukkset Service Delivery Board (F) account.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report internal investigation (a certificate of confirmation of the deposit of damage amount);

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);

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;