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(영문) 수원지방법원 성남지원 2019.05.09 2019고정118
전자금융거래법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall receive the promise to receive and lend any means of access used in electronic financial transactions.

Nevertheless, on August 17, 2018, the Defendant received a proposal that “if he lends the account necessary to reduce or exempt taxes, he will pay KRW 800,000 per account” from a person who has failed to receive the name, the Defendant would pay 80,000 won per account.” At the security guard office of the Gyeonggi-si building Cdong-si, Gwangju Special Metropolitan City, he sent three physical cards each connected to the post office account under the name of the Defendant (D), E bank account (F) and G bank account (H) to the above security room, and had the person who has failed to receive the name.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and J;

1. Application of Acts and subordinate statutes to report internal investigation (the reply of G bank to the seizure warrant 2018-10637), financial transaction information, and investigation report (the confirmation of whether a suspect is under investigation of the same kind of crime);

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;

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