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(영문) 인천지방법원 2019.06.04 2019고단3047
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 provided for in other Acts, no one shall lend a means of access while demanding, demanding or promising the use of a means of access for electronic financial transactions.

Nevertheless, on February 21, 2019, the Defendant received a message from the Sknman Syman, stating that “If he/she is a selling company of automobile parts, and lends his/her physical card to save taxes, he/she will face KRW 800,000 per day, KRW 3 million per day, and KRW 2.4 million per day.” On February 14, 2019, he/she received the same proposal in the above name-based currency with the above-mentioned person and consented thereto. On February 21, 2019, the Defendant sent two physical cards connected to the Defendant’s name-based bank account (B) and the post office account (C) and sent them to the Non-indicted and sent the password.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the results of transfer and details of account transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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