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(영문) 대전지방법원 2019.08.07 2019고단1886
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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on March 12, 2019, the Defendant received the proposal that “The Defendant is a distributing company, and is going to obtain a lease of an account in connection with the reduction of taxes. If used for 3 days per account, 5 million won will be given, and 7 million won will be paid if used for 6 days.” On March 13, 2019, the Defendant sent the e-mail card, which is linked respectively to the Defendant’s name bank account (Account Number: D) and the E-bank account (Account Number:F) in the vicinity of Cheongju-gu, Chungcheongnam-gu, Cheongju-gu, and then delivered the above e-mail card to the person under whose name the Defendant was named, by sending it through Kwikset service.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on financial transaction statements and bank correspondence data;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. There is no previous criminal record of the sentencing of Article 334(1) of the Criminal Procedure Act, and considering the circumstances, degree of damage, etc. of the instant crime

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