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(영문) 창원지방법원 거창지원 2019.05.15 2019고단22

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall lend a means of access in the course of receiving, demanding or promising any compensation in the course of using or managing the means of electronic financial transactions.

Nevertheless, the Defendant received a proposal from a name-free person to the effect that he will offer three million won per account if he/she lends his/her account from a name-free person to use only 3 days, and accepted it, and then sent two physical card-related to each of the three million won accounts in the name of the Defendant (Account Number D) and Cbank accounts (Account Number E) around December 12, 2018 to the name-free person.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes for transfer certificate;

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. The act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

In fact, the means of access in the defendant's name was used for fraud.

The defendant is against the defendant and there is no benefit acquired by the crime of this case.

In addition, the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present case and the records shall be determined as ordered.