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(영문) 수원지방법원 2018.11.16 2018고단5060
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

On June 21, 2018, the Defendant would offer 1.8 million won per one, if he/she lends the passbook to a liquor company for tax reduction or exemption.

“On receipt of the text message, the post office account (D), E bank account (F, new account: G) and H bank account (I) each connected to each of the c business places located in Suwon-si B, Suwon-si, and notified the above name influenite and the password necessary for the use of the check.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to certificates of deposit transactions, inquiries about the details of financial transactions, and closure of the text message screen, a copy of passbook of H bank, and details of transaction in E bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment (the first offense, confession, and reflective nature);

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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