logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.11.28 2018고단2511
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while demanding, demanding or promising to demand or promise the consideration in using or managing the access medium for electronic financial transactions, or distribute it in custody and delivery, and shall lend or lease any access medium or distribute it with the knowledge that it is to be used for a crime or to be used for a crime.

On June 2018, the Defendant is a liquor company, and is using another person’s account to reduce or exempt taxes from taxes by a person whose name is not known by telephone.

On July 2, 2018, he/she received a proposal from the purport that he/she shall grant 800,000 won if he/she lends 2 days, 1.6 million won if he/she lends 3 days, and 2.4 million won if he/she lends 3 days, and accepted it, he/she sent 1 physical card connected to a new bank (Account Number D) in the name of the defendant to a person whose name is not known.

As a result, the defendant promised to receive the price for the purpose of using it for crime and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement E, police statement concerning F;

1. Application of Acts and subordinate statutes on transaction specifications, certificate of transfer confirmation, and account transaction details;

1. Relevant Article of the Act and Articles 49 (4) 2, 6 (3) 2 (a lending a medium of access with promising the price) of the Act on Electronic Financial Transactions concerning criminal facts, and Articles 49 (4) 2 and 6 (3) 3 (a lending a medium of access for the purpose of using it for a crime) of the Act on Electronic Financial Transactions;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. All the circumstances under the grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment include the number of accessible media transferred by the Defendant, the age and conduct of the Defendant, the content and circumstances of the instant crime, and the circumstances after the instant crime.

arrow