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(영문) 대전지방법원 2015.10.14 2015고단2751

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Upon introduction of C, the Defendant lent the name defectiveer operating the “D gas station” located in Jung-gu Incheon Metropolitan City to make the business registration by lending the name of the Defendant, and made the transaction, etc. using the Defendant’s account under the name of the Defendant, and in return, received KRW 4 million to KRW 5 million per month.

1. On October 10, 2014, around October 10, 2014, the Defendant opened an account (number E) in the name of the Defendant at the port of Yongsandong branch in Incheon Nam-gu, Incheon. On the same day, the Defendant opened an account (numberF) in the name of the Defendant at the site of Incheon-gun, Incheon-gun, Incheon-gun, Incheon-gun, and opened two passbooks and two cash cards that are linked with the above account to the above person under the name of the Defendant.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions to the above bearers.

2. On October 20, 2014, around October 20, 2014, the Defendant opened an account (number G) in the name of the Defendant at the point of Incheon Jung-gu Enterprise Bank Incheon, Jung-gu Incheon, and opened a passbook and cash card, etc. that are linked to the said account to the person who has lost the name.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions to the above holder of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the details of transactions, agricultural transaction, and commercial transaction Acts and subordinate statutes of Korean banks;

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act concerning criminal facts (Amended by Act No. 12837, Oct. 15, 2014)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1.The sentencing criteria shall not apply to the offences subject to the sentencing criteria.

2. The nature of the crime committed by the defendant who was sentenced to a sentence is not good.