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(영문) 수원지방법원평택지원 2020.12.04 2020고정314
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, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, around December 19, 2018, the Defendant, upon receiving a proposal from a person who has no standing in the name of C in front of C in the vicinity of C in Sungsung City, lent the means of access by promising the person who has no standing in the name of C to pay for the tax reduction or exemption, that “the cream card is necessary. If the cream card is leased, 400-5 million won shall be given in the name of the fee for one month,” and then the cream card connected to the account of community credit cooperatives (D) in the name of the Defendant was given consent to it, and then lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Transfer certificate;

1. Application of Acts and subordinate statutes to a report on investigation (second account investigation);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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