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(영문) 울산지방법원 2019.08.20 2019고정431
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

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

Nevertheless, around January 9, 2019, the Defendant received a proposal that “the president of the liquor company” from a person who was unaware of his name in front of the Busan Jin-gu B building, who borrowed an account as a tax issue, will use 30,000 won per ordinary day and pay a total of 3,00,000 won per account. It accepted the proposal that “The payment of KRW 3,000,000 per account shall be made.” By accepting the proposal, the Defendant sent 2 copies of the check card, such as one check connected to the check account in the name of the Defendant and one check card connected to the Busan Bank (C) account, through Kwikkset Service.

Accordingly, the Defendant promised to receive and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A detailed statement of transfer of trading accounts and a balance;

1. Application of Acts and subordinate statutes to report internal investigation (related to attaching lists of details of 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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