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(영문) 수원지방법원 안산지원 2018.04.25 2018고단885
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If 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 and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on September 13, 2017, the Defendant needs to account for tax saving in order to carry on alcoholic beverage sales business from a person who has not opened his/her cell phone around September 13, 2017.

On September 14, 2017, at the post office located in Yeongdeungpo-gu Seoul Metropolitan City, Yong-do 63 buildings, the head of the post office sent one of the above physical cards using the phone number and password, which was linked to the national bank account (B) in the name of the defendant through the Kakao Kaka Kao Kao Kakao Kao Kao Kao Kao Kao Kao Kao Kao Kao Kao.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response materials to national banks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse (a) above the previous conviction or fine; (b) there was no previous conviction after 2007; and (c) the amount of damage deposited in a gold media has not been withdrawn; and (d) the Defendant has returned the amount of damage.)

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