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(영문) 인천지방법원 2017.03.24 2017고단515
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on October 11, 2016, the Defendant would offer KRW 200,000,000 per month if he/she borrowed the account necessary for tax reduction from a person who is in a false name.

“On the same day, the Defendant sent the e-mail card and promised to receive KRW 2 million, and then, on the same day, sent the e-mail card connected to the Nong Bank (D) account in the name of the Defendant in the south-gu Incheon Metropolitan City, the residence of the Defendant, and sent the e-mail card 1 and the e-mail card 1 and the e-mail card connected to the National Bank (E) account in the name of the Defendant to the Kwikset service provider.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written confirmation of the results of the transfer of electronic financial transactions and financial transaction reply data (A);

1. Receipt of details of financial transactions, details of financial transactions by warrant, and application of Acts and subordinate statutes on response to target data;

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

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 lending two physical cards, which is an access medium, by promising the Defendant to receive compensation for the sentencing of Article 334(1) of the Criminal Procedure Act, is not only infringing the safety and reliability of electronic financial transactions, but also is also abused as a means of crime, such as telephone financial company, singing, etc., and thus is highly likely to social criticism.

However, the fact that the accused recognizes the crime and repents the wrong, and criminal punishment exceeding the fine is imposed on the accused.

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