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(영문) 인천지방법원 2018.12.13 2018고단7849
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

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on August 27, 2018, the Defendant: (a) obtained a telephone from a person in the name of the Defendant to the effect that “I would use the check for three days if I would lend the account to be used for tax reduction or exemption; and (b) agreed to receive money from a person in the name of the Defendant; (c) then, at around 15:00 on the same day, I am a copy of the check card connected to the one bank account in the name of the Defendant before Sejong-si B; (d) around 17:00 on the same day, I am a copy of the check card connected to the one bank account in the name of the Defendant to the name of the non-person in the name of the non-person; and (e) around 17:00 on the same day, I am a copy of the check card connected to the one in the name of the Defendant.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. Remittance receipt;

1. Application of Acts and subordinate statutes to a investigation report (verification of the contents of a Kakao Stockholm conversation between one bank and the National Bank Account);

1. Relevant Article 49 of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the crime, the selection of fines for the crime (the normal consideration after the crime, such as suppression of recidivism, cooperation in investigation, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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