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(영문) 인천지방법원 2018.08.30 2018고단4618
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on April 21, 2018, the Defendant: (a) received a proposal from an unqualified person who assumes an employee of a liquor company at an irregular place, stating that “The Defendant would lend an account for tax reduction to KRW 800,000 on a face-to-face 80,000,000,” and (b) received the same day from Bupyeong-gu Incheon Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that was linked to the corporate bank account (D) in the name of the Defendant; and (c) delivered the physical card to the needy person using the cargo delivery

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A petition, a written inquiry of the results of the transfer process, the details of each Kakao Stockholm conversation, a response to financial data, a customer's basic information, a notice of financial transaction status, a statement of transaction by account, a statement of transaction by account, and the application of the Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Specialized Financial Transactions in the Selection of Punishment, and the Selection of a fine (except where the access media leased by the Defendant was actually used for the crime of Bosing, the nature of the crime is not good, but the amount of damage to Bosing victims has been recovered, the Defendant has no criminal record of the same kind and imprisonment without prison labor or any heavier punishment, and reflects his/her mistake, etc.);

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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