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(영문) 광주지방법원 순천지원 2020.04.17 2019고단2543

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 16, 2019, the Defendant received a proposal from a person who was not the deceased in the name of the Defendant, that “The Defendant will offer 800,000 won per day for tax reduction and exemption,” and accepted it. On May 16, 2019, the Defendant sent a physical card to a person who was not the deceased in his name via a house, which is linked to the C (D) account in the name of the Defendant at the B office located in the Kacheon-si around 16, 2019.

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes concerning internal investigation, identification of accounts for receiving, personal financial transactions, and C data return;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act regarding criminal facts, the choice of fines (such as the first offender with no force to commit any crime, and the fact that it seems that there is no profit acquired by committing any crime)

1. Articles 70 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;