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(영문) 서울남부지방법원 2019.03.11 2018고단6217

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

On August 16, 2018, the Defendant received a proposal from an unsatisf in his name to offer rent of KRW 5 million to a third party if he lends a e-mail card to a third party for the reduction of taxes, and around August 16, 2018, the Defendant sent a e-mail card that is linked to a bank deposit account (B) in the name of the Defendant to an unsatisf in front of the Mapo-dong Seoul Mapo-dong 1701.

As a result, the Defendant promised to receive compensation from a person with no name, and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) 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;