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(영문) 대전지방법원 천안지원 2017.09.22 2016고단1951

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary for the use of a cash card or cash card, which is a medium access to electronic financial transactions.

Nevertheless, from June 9, 2016, the Defendant borrowed an account from an importing liquor company for the purpose of tax saving.

“On June 21, 2016, in exchange for the word “,” one account was lent from the Defendant’s residence located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, B lending 5 B B, Dong 01 on June 21, 2016, and the Defendant’s name card, which is an access medium of the Defendant’s name, was transferred in the way that the cash card, which is the access medium of the Defendant’s name, was returned to the name in the way that it was defluened.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on response financial data;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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;