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(영문) 서울동부지방법원 2018.11.02 2018고정1020
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, at around 14:00 on May 3, 2018, the Defendant received a proposal from a person who was infinite name in the office of home delivery located in Gwangjin-gu Seoul Special Metropolitan City, stating that “The Defendant will pay KRW 60-8 million per account if he/she borrowed the required source account in connection with taxes” from the person who was infinites the name of the Defendant, and provided three copies of the physical card, each connected to the Defendant’s Saemaeul Treasury Account (E), the SC Bank Account (F), and the Bank Account (G) Account (G).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of suspect interrogation of the police against the accused (including details of each bank transaction attached thereto);

1. Statement made by the police with H (including a certificate of deposit transaction records attached thereto);

1. Application of the response statutes of financial institutions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;

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

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