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(영문) 서울서부지방법원 2018.01.10 2017고단3326
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall commit an act of lending any access medium to any other person while promising the receipt and delivery of consideration.

Nevertheless, the Defendant, at around 16:00 on September 25, 2017, borrowed an account to use for the purpose of saving taxes from the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu for three days from the Defendant’s name in front of the Defendant’s house in Seodaemun-gu, Seoul.

“After receipt of the proposal, the personal identification number of the new bank account, Nonghyup account, and Nonghyup account in the name of the Defendant was known to the person in default, and the physical card three connected to each account was transferred to the person in default of the name through Kwikset Service.

As a result, the defendant promised to receive the price, and lent the access media to others.

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 with regard to F;

1. Application of Acts and subordinate statutes as a result of the execution of a search and inspection warrant to the new bank defendant account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. Selection of a selective fine (the primary crime, reflector, and substantial damage has not occurred);

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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