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(영문) 창원지방법원 2018.12.19 2018고단2592
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

In using and managing access media, no one shall demand, demand or promise to provide compensation and lend it while promising to do so, or lend access media knowing that it is to be used for an offense, unless otherwise expressly provided for in other Acts.

However, on June 15, 2018, the Defendant sent letters from a person who was in the name of the defendant, "in the name of a non-coin transaction, the coin account needs to be sent."

When one lease is made, 3 million won shall be used first and for 3 days.

It is rental for the purpose of avoiding tax imposition by withdrawing from the name of a vehicle.

On June 18, 2018, at around 11:50, the proposal was made, and around 11:50 on June 18, 2018, the company (State) of the defendant located in Seongbuk-gu, Sungwon-si, Sungwon-si, notified the non-resident of the name card No. 1, linked to the account under the name of the defendant in the name of the defendant (number D: D) to the Kakaox.

Accordingly, the defendant agreed to receive the price and agreed to use the access media used in electronic financial transactions for a crime, knowing that it is to be used in the crime, in lieu of name.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes concerning financial transactions in the principal;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a means of lending a medium of access to a price promise) concerning criminal facts, Article 49(4)2, and Article 6(3)3 (a) of the Act on the Electronic Financial Transactions and Trade (a person who knowingly leases a means of access to a crime) concerning criminal facts;

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;

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