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(영문) 인천지방법원 2019.05.30 2018고단5522
전자금융거래법위반
Text

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, in using and managing a means of access by financial institutions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around April 15, 2018, the Defendant promised to receive KRW 800,000 per day of the e-mail card on condition of lending the e-mail card from D located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to use the means of access of financial institutions by promising to use the e-mail card to use the e-mail card that is linked to the e-bank account in the name of the Defendant (F) and the e-mail to use the e-mail card connected to the e-bank account in the name of the Defendant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police concerning B (including attached documents);

1. Application of Acts and subordinate statutes to each investigation report (to attach financial account data to a suspect A and I, and to transmit a suspect A G bank account opening certificate);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32 (1) 1 and (2) of the Act on Special Cases concerning the Cancellation, etc. of Lawsuits, etc. of Applications for Compensation Orders (the crime of violating the Electronic Financial Transactions Act at the time of sale is not an offense subject to compensation order under Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, and the application for compensation is not lawful,

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