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(영문) 서울서부지방법원 2018.09.12 2018고단2524
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

Nevertheless, on May 2018, the Defendant reported on the Internet’s “long-term service guaranteeing high-income,” and attempted to reduce taxes by using another person’s account while running a virtual closed business.

The term "to use the e-mail card for three days on the face of lending, but to pay one million won on the face of the e-mail card" has received a proposal and accepted it for the same month.

3. From around 15:30, at the upper end of Eunpyeong-gu Seoul Metropolitan Government 101, he sent a physical card, etc. connected to the National Bank Account (C) in the name of the Defendant to the name in the name of Kwikset Service.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (in consideration of the circumstances, such as the fact that the person's error is against himself/herself, the primary offender, the age of the defendant, the number of accessible media leased by him/her);

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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