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(영문) 서울서부지방법원 2018.10.10 2018고단2765
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

Nevertheless, on March 12, 2018, the defendant is the director of the B Company C from the person in unsound name.

It shall be leased to the borrowed name account for the saving of corporate tax.

3. To the effect that 1.8 million won per head of Tong and 1.8 million won per head of Tong can be used for the 3th day of the same month, the above proposal was approved through telephone conversations with the names influor and the names influor and telephone conversations on the 26th day of the same month, and then, on the 28th day of the same month, at the D office located in Mapo-gu Seoul Metropolitan Government, he sent the password of each physical card sent to the name influor by means of delivering the paper card connected to the bank account (F) and to the new bank account (G) connected to the name of the defendant at the D office located in Mapo-gu Seoul Metropolitan Government (E) around the 28th day of the same month, and notified the password of each physical card through the Kakaoo x.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copies of the police investigation protocol concerning M;

1. Protocols of police seizure and list of seizure;

1. Contents of text and Kakao Stockholm dialogue;

1. Application of statutes on the details of each account transaction to Korean banks, new banks, and Gwangju banks;

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 is the first offender, the recognition of and reflects on the crime, and the defendant lent.

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