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(영문) 인천지방법원 2018.11.29 2018고단5724
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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

Nevertheless, the defendant, on June 2018, leased another person's account for the purpose of tax reduction or exemption on income, from a person who is a trading company in a foreign country.

The user fee of one million won per account shall be paid per day.

On June 26, 2018, in order to make a proposal, 2, each of the two physical cards connected to the Defendant’s name bank account (B) and the new bank account (C) at the Goung apartment apartment's fixed guard room located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, in order to provide Kwikset service article with two copies of the physical card to the above name in person and to notify the password of each of the above physical cards.

Accordingly, the defendant promised to receive the price and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Receipts for remittance of damage;

1. Details of transactions;

1. Application of Acts and subordinate statutes concerning response to financial transaction information;

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 an access medium to electronic financial transactions with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it harms the stability and reliability of the electronic financial transaction and can be abused for other crimes such as singinginging fraud, etc. The act appears to have been likely to have been used for other illegal purposes in light of the content proposed by the name in its name in light of the fact that the access medium could have been used for other illegal purposes, and the Defendant lent multiple access media, and such lending is in the leased access medium.

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