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(영문) 창원지방법원 2019.03.28 2018고단3571

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access while receiving, demanding or promising any compensation therefor, and shall not lend or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

On June 2, 2018, the Defendant: (a) received a proposal from a person whose name cannot be known by telephone at the end of Kimhae-si B’s 2nd floor “C”, and sought a physical card from a person who is unable to know his name by telephone; (b) sought a physical card to be used for the purpose of entry and withdrawal; (c) because an investigation may be conducted at the goldman in order to use earth and sand funds; (d) 3.5 million won per account after using the five to six days; and (e) accepted the proposal to the effect that “C” will pay 3.5 million won per account.” On July 2, 2018, the Defendant sent three e-bank accounts in the name of the Defendant at the above “C,” and the F Bank accounts (Account Number: G), and F Bank accounts (Account Number: H) to a person whose name cannot be known.

Accordingly, the defendant, knowing that he would be used for a crime in return for compensation, lent a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 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 crime of this case is still identical to the crime of this case in a situation where various Bosing crimes, which have caused serious harm to our society for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.