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(영문) 부산지방법원 동부지원 2019.02.13 2018고정831
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on August 8, 2018, the Defendant: “Around August 8, 2018, the Defendant, who misrepresented the staff of a liquor company, shall use 30,000 won per 2.1 million won per 2.1 million won per 2,000,000 won per 30,000,000,000 won per 1,000,000,000 from a name-free person who lent the e-mail card for the purpose of tax reduction or exemption,” received a proposal from the Defendant; and then, around the 9th day of the same month, the Defendant opened a e-mail card connected to the e-mail card (E) and the e-mail card (G and H) account under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to report on investigation (reven after execution of a warrant for search, inspection);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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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