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(영문) 창원지방법원 2018.11.28 2018고단2402
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

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium while promising to receive compensation in using and managing the access medium.

However, on February 18, 2018, the Defendant, who introduced himself as “B” of the liquor company, wanting to sell alcoholic beverages to another person’s account in order to reduce liquor taxes.

It is intended to offer KRW 800,000 per account to use the account number and the check card on three day per week.

“To receive the proposal,” and accepted it.

On February 20, 2018, at around 15:00, the Defendant sent three copies of the physical card linked to the post office account in the name of the Defendant (E), the national bank account (F), and the Saemaul Treasury Account (G number): and notify H of the password of the above physical card.

As a result, the Defendant promised to receive the price, and lent the physical card and password, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes, such as a copy of deposits without passbook, and provision of financial information;

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

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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