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(영문) 수원지방법원 안산지원 2018.08.30 2018고단1778
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

Nevertheless, on January 30, 2018, the Defendant borrowed two physical cards from a person who is an employee of a liquor company on the name of the Defendant to use only 5 million won a day on which he/she borrowed two bank accounts to save taxes.

“After hearing the horses and consenting thereto, around 13:00 on January 31, 2018, at the street of Gangnam-gu Seoul building, two physical cards connected to two (D and E) bank accounts in the name of the defendant in front of the building B in Gangnam-gu Seoul, through Kwikset Service Articles, were issued to the above name partner, and the account number and password of each of the above accounts was notified to the mobile phone.

As a result, the Defendant promised to receive the price, and lent two media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to two copies of a certificate of deposit transaction record and two copies of passbook C in the suspect name;

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

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

1. Selection of a selective fine for punishment (referring to the reflection of the punishment, the first offender, and other consideration);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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