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(영문) 인천지방법원 2017.08.24 2017고단5396
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend any means of access to electronic financial transactions to another person while receiving, demanding or promising the payment in accordance with the Electronic Financial Transactions Act or knowing that such transaction is to be used for an offense.

Nevertheless, the defendant is a distribution company from a person who is not his name, and there is a need for an account related to tax.

The loan of account shall be KRW 700,000 per share.

"Around 15:00 on April 13, 2017, at around 15:00, he/she borrowed a medium of access to electronic financial transactions by delivering a physical card, which is an access medium connected to the Defendant’s name (C) and the Defendant’s agricultural bank account (D) in front of the Defendant’s residence in Gyeyang-gu Incheon, respectively, and informing the Defendant of the password of each of the above cards in writing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. To apply the response to the provision of financial transaction information (A’s account) and the details of account transactions (agricultural Cooperatives);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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

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

1. The act of transferring and lending the physical card or password for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly likely to be used for scaming, etc.

Nevertheless, the Defendant committed the instant crime in accordance with the interests of the Defendant.

However, the defendant recognized his mistake and reflected his mistake.

There is no criminal record against the defendant.

There is no profit actually earned by the defendant.

In consideration of such circumstances, the punishment as the order shall be determined by selecting a fine.

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