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(영문) 수원지방법원 2014.03.27 2013고정3599

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In light of the records of this case, it is reasonable to view that the defendant was indicted for the purpose that the means of access was transferred, but the defendant was paid KRW 150,000 per day and lent the passbook, etc. for three months. Since the defendant was paid KRW 150,00 per day and the head of the Tong was recognized that the defendant transferred the passbook, it is not likely to hinder the defendant's defense even if he did not go through the procedures for modification of indictment, and therefore, the criminal facts should be recognized differently from the

No person may borrow or lend the means of access to electronic financial transactions.

Nevertheless, around July 29, 2013, the Defendant received the word “B” from a person who was unaware of his name, who received the word “B” from a person who was unaware of his name, such as a bank account, and received 150,000 won monthly revenue guarantee (sports operator) from 1.5 million won each day. On August 5, 2013, the Defendant lent the passbook and cash withdrawal card connected to the post office account in the name of the Defendant using a house from a remote place in Songpa-gu Seoul Songpa-gu (C) around August 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of documents submitted by A who is the nominal holder of an account used for committing an offense);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;