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(영문) 수원지방법원 2018.11.29 2018고정1565
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant, at around 16:00 on January 11, 2018, received a proposal from the head of the Suwon bus terminal located in Suwon-si, Suwon-si, 1189, stating that “When operating an enterprise, there is a need for a borrowed passbook to reduce or exempt taxes, 40,000 won per account shall be given per 40,000 won per each account if the bank account is lent to the head of the Tong,” and then accepted the proposal, and then, notified the Defendant of the entry card connected to the bank account (B) of the Defendant’s name through the cargo-based mobile phone and the password was given through the mobile phone.

Accordingly, the defendant promised to pay for the consideration, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of interrogation of the suspect against the accused by the prosecution (a letter attached thereto);

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Investigation report (investigation, etc. into seven nominal holders of postal cards);

1. - Application of the laws and regulations governing the transactions of deposits;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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