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(영문) 창원지방법원 2018.04.04 2017고단4147
전자금융거래법위반
Text

Defendant shall be punished by a fine of five 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 one shall borrow or lend any access medium with the knowledge that it will be used for a crime or for receiving, demanding or promising any consideration.

Nevertheless, on February 19, 2017, the Defendant operated a liquor company by telephone from a person who is in a name-free from his/her name on February 19, 2017, and attempts to reduce taxes by making transactions in the name of an individual.

It is intended to lend the account number and physical card to be used for alcoholic beverage transactions, and KRW 3 million per share account.

Around 14:00 on February 20, 2017, at the convenience store located in Incheon po-gun, in accordance with the direction of the person without the above name, sent two copies of the above physical card to the person without the name, using the method of entrusting one copy of the physical card connected to the company bank account (C) under the name of the defendant and one copy of the national bank account (D) to the employees with the convenience store.

As a result, the defendant promised to receive the price with the knowledge that the access media will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of trading statement;

1. Relevant legal provisions and Articles 49 (4) 2, 6 (3) 2 (a lending a medium of access with promising to make a price) of the Act on Electronic Financial Transactions concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 (a lending a medium of access with knowledge that it will be used for a crime) of the Act on Electronic Financial Transactions (a lending a medium of access with knowledge that it will be used for a crime);

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

1. Selection of an alternative fine for punishment;

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

1. The act of transferring a medium of access to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order requires strict measures as well as harm the credibility of the safety performance of electronic financial transactions, as well as harm the credibility of the safety performance of other crimes.

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