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(영문) 광주지방법원 2018.01.17 2017고단4076
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on June 4, 2017, the defendant sent a e-mail card under the name of another person as it is necessary to reduce or exempt taxes, the defendant will return the e-mail card for three days and 10% of the money deposited in return.

In hearing the statement to the purport that the “kwikset service” was made by using Kwikset’s service, one bank account (C), corporate bank account (D), and a passbook and check card connected to the new bank account (E) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes on response to a request for details of financial transactions, investigation report (Submission of an employment certificate and a copy of passbook), and specifications of accounts by account;

1. Relevant legal provisions for criminal facts and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment for the Crime (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009; Supreme Court Decision 2009Da14899, Apr. 2, 2009)

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

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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