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(영문) 광주지방법원 목포지원 2019.10.18 2018고정140
전자금융거래법위반
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 15:00 on December 4, 2017, the Defendant issued the means of access, such as the physical card and password of the account of community credit cooperatives (Account Number: C) under the name of the Defendant, to B, and around 19:00 on December 5, 2017, from B, at a soup making soup, the Defendant: (a) from B, “if alcoholic beverage operators pay taxes too much; (b) if he/she has lent a e-mail card for three days, he/she takes a new global product right equivalent to KRW 1,00,00,000; and (c) if e-mail card was returned after e-mail, he/she returned it to B; and (c) around 19:00 on December 5, 2017.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Although there is a fact that the Defendant lent a e-mail card to E, the fact that there is no promise to receive the price is denied that the Defendant is guilty of a crime.

According to the statement of the defendant, the statement of the defendant and the statement of the record of telephone conversations with E submitted by the defendant, the defendant delivered a card to E, and this shows that this was done to B through E.

However, as can be seen through each of the above evidence, ① the fact that the defendant lent his/her physical card to another person is recognized, ② the defendant recognized the fact that he/she was promised to receive the price at the police and prosecution stage, ③ the use of the physical card from E or B for the wrongful purpose of tax evasion.

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