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(영문) 청주지방법원 2020.01.31 2019고정346
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall lend or borrow any physical card, which is a means of electronic financial transactions issued by a financial institution, while receiving, demanding or promising the payment therefor.

Nevertheless, around November 20, 2017, the Defendant received a proposal from a person who was not the deceased person in name to the effect that he/she will offer a cell phone to the effect that he/she is in need of an account for the purpose of tax reduction and exemption, and that he/she will offer a 300,000 won if he/she lends a e-mail card to another person. On November 21, 2017, the Defendant sent a e-mail card connected to the account of community credit cooperatives (D) in the name of the Defendant at the convenience store located in the Cheongju-gu, Cheongju-si.

As a result, the defendant promised to receive compensation, and lent the means of access to a name-in-fact victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of 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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