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(영문) 창원지방법원 2019.01.09 2018고단2917

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 17, 2018, the Defendant heard that, “If the Defendant operates an advertising company and it is necessary to reduce taxes, he/she would pay KRW 3 million per account in return for the loan between the month in which he/she borrowed the e-mail card and password, and would pay KRW 10 million if he/she lends three accounts.” On May 18, 2018, the Defendant sent one copy of the e-mail card connected to the e-mail bank account under the name of the Defendant at the window of Changwon-si, B around the Defendant’s dwelling, around May 13:30, 2018, at the window of Changwon-si, and around the Defendant’s dwelling, the e-bank account (number: D), e-bank account (F), and G bank account (H): Kwikset service.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each specification of transactions Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (with regard to each means of access, referring to a fine, including each means of access);

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

1. Sentencing sentence of Article 334 of the Criminal Procedure Act of the order of provisional payment: Punishment of imprisonment for 8 months: The grounds for mitigation, such as that the means of access that the defendant has passed is actually used in committing telecommunications-based financial fraud: confession, initial crime, etc.;