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(영문) 수원지방법원 안산지원 2018.07.26 2018고단1471
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 the consideration therefor.

Nevertheless, the Defendant’s account needs to be kept for the purpose of receiving alcoholic beverage payments from a nameless person (one name B) who had contacted with his/her cell phone around January 19, 2018.

On January 20, 2018, at around 11:30 on January 20, 2018, the account was lent to the account, "I will make a payment for KRW 800,000 if the deposit is made to the account." On January 20, 2018, D located in Incheon City, sent a physical card connected to the company bank account (F) in the name of the defendant E to Yangcheon-gu Seoul Metropolitan Government.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (report on attachment of details of transactions with suspect accounts);

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (to be punished by a fine in consideration of the facts constituting a crime, such as the reflection of mistake, the initial crime, etc.);

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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