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(영문) 인천지방법원 부천지원 2019.05.09 2018고단3653
전자금융거래법위반
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The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, around 12:45 on December 4, 2018, the Defendant, at the place of business located in the Nowon-gu, Seoul Special Metropolitan City, Seocheon-si, called “I will offer KRW 800,000 won per credit card, if I lend a de facto card to be exempted from taxes.” On the part of the Defendant’s name, I sent one check connected to the Cbank account (D) and one check connected to the E Bank account (F) and leased the means of access by receiving the consideration of the non-resident’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to J and K;

1. The list of seizure;

1. Investigation report (a photographic picture taken by a suspect with contents dialogueed with his/her staff in charge of outsourcinging);

1. Application of Acts and subordinate statutes on account details;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) of the provisional payment order are as follows: (a) the circumstances leading to the instant crime; (b) the Defendant’s benefit from the instant crime; (c) the Defendant was the primary offender; (d) the actual use of the means of access leased by the Defendant; (e) the extent of damage therefrom; (e) the Defendant led to the confession of the Defendant and his mistake in the truth; and (e) any other sentencing conditions shown in the pleadings of the instant case,

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