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(영문) 수원지방법원 안양지원 2019.03.05 2018고단1986
전자금융거래법위반
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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 lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, the Defendant, upon receiving a proposal from a name-free person, “in the case of a liquor company, which requires a card to avoid tax payment. If 6.9 million won and merchandise coupons are lent for 3 days, the Defendant agreed to do so.” On October 8, 2018, the Defendant lent the means of access to a financial institution by sending a physical card connected to the Defendant’s name-free bank account (E) and one check connected to the Defendant’s name-free bank account (G) at the convenience store located in the Gu-gu, Ansan-si around October 8, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition and a written statement of H;

1. Other closure photographs of the victim's cell phone calls;

1. A detailed statement of admission and withdrawal;

1. Search, seizure, verification warrant and reply;

1. Application of the I conversation details-fagic Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The circumstances in which the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are favorable: The reason for sentencing is recognized to be erroneous, and the fact that there is no history of punishment for the same kind of crime: The lending of the means of access is not only detrimental to the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosping, etc., and social harm is serious, and the means of access actually lent by the defendant is used for other crimes

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