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(영문) 창원지방법원 2018.08.22 2018고단1505
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 other Acts and subordinate statutes, no person shall borrow or lend any access medium or store, deliver, or distribute such medium with the knowledge that it will be used for a crime or for a crime.

However, on October 13, 2017, the Defendant is seeking to pay taxes by making false payment details as if he/she was registered as a liquor company as a fake employee and made monthly pay in the company’s money by text message from a person who was named as a liquor company on October 13, 2017.

When sending a check card, 600,000 won will be paid as a monthly rental fee.

A postal card shall be returned after being used for two months.

“On October 15, 2017, at the entrance of the building Kimhae-si B, the notice was sent to Kwikset service employee who sent one copy of the physical card connected to the national bank account (number C) in the name of the defendant at the entrance of the building Kimhae-si, Kim Jong-si.

As a result, the defendant promised to receive the price for the purpose of using the access media for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on warrant of seizure and reply;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions (a means of lending a medium of access to a price promise) concerning criminal facts, Article 49(4)2, and Article 6(3)3 of the Act on Electronic Financial Transactions (a means of lending a medium of access to a crime for the purpose of using the crime);

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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