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(영문) 의정부지방법원 2018.05.30 2018고단118
전자금융거래법위반
Text

1. Defendant A shall be punished by a fine of four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. In using and managing an access medium, no person who intends to transfer or take over the access medium or promise to receive a price therefor shall lease or take over the access medium unless otherwise expressly provided for in other Acts;

Nevertheless, on October 2017, the Defendant lent a e-mail card from a person without his name to a person who is in need of tax reduction and exemption of liquor company's tax exemption, lent a medium of access to the account to acquire cash. The Defendant sent a e-mail card connected to the D bank account (E) opened in the name of the Defendant using the e-mail in Mancheon-si, Mancheon-si, and then sent the e-mail card connected to the D bank account (E) opened in the name of the Defendant.

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

2. Except as otherwise provided for in other Acts, no person who intends to transfer or take over any access medium or to receive any consideration in using or managing such medium shall lend or take over such an access medium;

Nevertheless, on October 19, 2017, the Defendant borrowed eck cards that are necessary for the reduction of taxes of liquor companies from the person without the name of the Defendant. On October 19, 2017, the Defendant borrowed 700,000 won per day to the account and thought to acquire cash. The Defendant sent eck cards connected to the D bank account (G) opened in the name of the Defendant and eck cards connected to the D bank account (H) opened in the name of the Defendant using eck lines from F located in Namyang-si, Namyang-si.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of the J;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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