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(영문) 춘천지방법원 2018.03.28 2018고단150

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on November 23, 2017, the Defendant made a prior payment of KRW 3,00,000,000 on the face of the lease of the card from a person without his name.

At the later time, after receiving a letter stating that he will not incur any tax, tax, legal issues, etc., he/she called his/her name D with his/her number (B), and then lent a physical card and password connected to the new bank account under the name of the defendant to the non-resident in front of the master office of Switzerland-si, Macheon-si, the 2.4 million won was proposed to the effect that " he/she will lend 30,000 won to the importer of raw materials, as he/she requires a card for tax reduction and exemption," and then, in response thereto, he/she lent it to the 2.4 million won.

Accordingly, the Defendant promised to pay 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. Application of Acts and subordinate statutes on electronic financial transfer certificates and warrant response data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, as in the instant case, is that the distributed access media is used as the means of the so-called Bosing crime or the means of delivering illegal Internet gambling money, and that the account connected with the Defendant’s leased access media is actually used for Bosing crime, and the Defendant was aware that the transferred access media can be used for illegal acts such as tax evasion.