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(영문) 수원지방법원 2018.10.11 2018고단146

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, around September 11, 2017, the Defendant agreed to receive KRW 200,000 in return for lending one account to be used for tax reduction or exemption from D from his name in return for three days, and lent the access media by promising Kwikset service article to provide Kwikset service article, while receiving the account number and password from Kwikset.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Investigation report (suspect A telephone statement hearing report);

1. Application of Acts and subordinate statutes, such as a basic contract for lending and borrowing of gold full consumption, a detailed statement of transaction by account, and a reply to financial data (Evidence List 6);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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;