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(영문) 청주지방법원 영동지원 2020.03.26 2019고단170
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, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on October 2, 2019, the Defendant received a proposal from the Defendant’s office located in Chungcheong-gun B, Chungcheongnam-dong, that “on the face of lending a physical card as a matter of tax reduction or exemption due to the tax reduction or exemption,” and sent a total sum of two physical cards connected to the account in the name of the Defendant, via Kwikset service article, to the above bearers who sent the above-mentioned name cards.

As a result, the defendant agreed to receive compensation and lent two physical card, which is the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of a written confirmation of transfer results and detailed statement of transactions Acts and subordinate statutes;

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

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 act of lending the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires not only harm the security and reliability of electronic financial transactions, but also requires strict liability to the lender of the means of access with the high risk that the means of access may be used as tools of crime, such as singing or evading taxes, concealing criminal proceeds, and money laundering.

In particular, the defendant would receive user fees and committed the crime of this case, and two copies of the physical card that the defendant lent to a person who has not been aware of his name were used to commit the scaming crime by deceiving 14 million won from F.

However, the defendant recognizes the crime of this case and is against the law.

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