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(영문) 서울서부지방법원 2018.01.10 2017고단3404
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall lend any electronic financial transaction access medium to any third person while promising to receive a price therefor.

Nevertheless, around 20:00 on August 16, 2017, the Defendant received a proposal from a person who was in secret name before his house located in Mapo-gu Seoul Metropolitan Government, stating that “If two accounts to be used to reduce or exempt corporate taxes are lent for three days, five million won shall be paid.” After receiving such proposal, the Defendant transferred the password and the password of the SCB bank C account in the name of the Defendant, and one copy of the CC card connected thereto, and one copy of the CC card connected thereto.

As a result, the Defendant promised to receive the price, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of statutes as a result of a warrant of search and inspection of seizure of the account in the name of the defendant SC Bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine (the first offender and the second offender);

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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