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(영문) 인천지방법원 2019.01.08 2018고단8528
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 the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around 10:00 on August 13, 2018, the Defendant received a proposal to the effect that “the Defendant is a liquor company, and is seeking an account under the name of another person to obtain taxes.” On the face of lending a e-mail card, the Defendant would pay KRW 3 million per page.”

On August 14, 2018, at around 16:00 on August 14, 2018, the Defendant issued a total of two physical cards connected to each account in the name of the Defendant (E) and the F Bank Account (G) in the vicinity of the Seocho-gu Seoul Metropolitan Government building, via Kwikseter Service Articles, and notified each of them of the passwords of each physical card.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to details of transactions, each statement of transactions, and financial transaction statements;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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