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(영문) 대전지방법원 서산지원 2018.08.29 2018고단702
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 provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On November 2017, the Defendant: (a) received a proposal from a nameless person, who became aware of the fact that he was working in the Defendant’s workplace B, to the effect that “The account to deposit alcoholic beverages in order to lower the tax amount of alcoholic beverage company is necessary; (b) would make 200,000 won a day in return for using the physical card for three days when sending it; and (c) lent the access media by delivering the physical card connected to the Defendant’s Nong Bank account (C) through B to the non-party, among November 2017, to the non-party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the details of the search and seizure warrant or reply;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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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