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(영문) 춘천지방법원 강릉지원 2019.08.21 2019고단274
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 29, 2019, the Defendant sought an account that can be used to reduce taxes on the operation of a trade company from the person in bad name, and received a proposal that “on January 30, 2019, the Defendant would pay KRW 1 million per month per account when lending the account,” and around January 16, 2019, the Defendant sent to the person in bad name a paper, stating three copies of the physical card, each of which is linked to the B Bank Account (C), B Bank Account (D), and B Bank Account (E) and three pages, each of which are linked to the B Bank Account under the name of the Defendant, around 16:00, in front of the Seoul Forest Station in Seongdong-gu Seoul, Seongdong-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on the certificate of confirmation of transfer of financial transactions and the details of each account transaction;

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;

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