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(영문) 수원지방법원 안산지원 2019.01.25 2018고단4122
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

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

Nevertheless, on August 1, 2018, the Defendant sought a personal account from a person who is an employee of a liquor company to have his/her name reduced or exempted the amount of taxes. It is used for three days if he/she lends his/her e-mail card, and paid KRW 2.4 million per day to the 800,000 won per day,” and consented thereto. On August 1, 2018, the Defendant sent one e-mail card connected to the D bank account (E) in the name of the Defendant to the F bank G that was designated by the above e-mail and notified him/her of the account number and password of the said account with the cell phone.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes in two copies of written confirmation of transfer of electronic financial instruments;

1. Relevant statutory provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (i.e., the selection of fines, and the Defendant’s actual use of the crime of this case as a means of deceptioning fraud), however, considering the fact that the Defendant recognized the facts charged and the fact that the Defendant has no penalty power)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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