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(영문) 수원지방법원 안산지원 2019.01.18 2018고단4002
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute a means of access used for electronic financial transactions while promising the receipt of consideration.

Nevertheless, at the end of April 2018, the Defendant sought a physical card to save taxes as a supplier of distribution materials. “The Defendant would pay KRW 3 million per account if he/she borrowed the physical card.” On the contrary, around 12:00, around May 2, 2018, the Defendant sent the physical card connected to the Defendant’s name-based bank account (D, E) and one check connected to the Defendant’s name-based Kwikset service provider’s account (G) around May 2, 2018.

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a statement of H;

1. Application of the Acts and subordinate statutes on warrant response materials;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

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

1. Selection of a selective fine (except in extenuating circumstances, such as the fact that the Defendant actually abused the crime of this case as a means of deception, but considering the fact that the Defendant recognized the facts charged and that there is no other penalty power than a single fine);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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