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(영문) 인천지방법원 부천지원 2019.06.18 2019고단976
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

No person shall lend a means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, on July 30, 2018, the Defendant received the B message stating that “We will give KRW 4,300,000,000 as a commission if you lend two physical cards in the name of the party to us, as we need to reduce or exempt taxes.” On July 30, 2018, the Defendant sent it to Hacheon-si Office: (a) around July 30, 2018, the Defendant sent it to Hacheon-si Office’s name (E) connected with the Defendant’s name bank account (E) and sent it through Kwikset-si Office’s news article, and (b) sent it to Makset-si and the password of each of the above accounts.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to report internal investigation (in response to the result of execution of a warrant of seizure);

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

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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