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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1540

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or take over any medium access to electronic financial transactions, or borrow or lend such medium in return for payment, demand or promise.

On May 11, 2017, the Defendant lent a e-mail card to a person whose name is unknown to use for tax reduction or exemption from liquor company, and provided a monthly wage of KRW 200 to KRW 30 million to a person who wants to work on SNS. On May 12, 2017, the Defendant lent a e-mail card and password connected to the bank account in the name of the Defendant to a person whose name is unknown through Kwikset Service Delivery Board (B) to a person who is unable to know through Kwikset Service Delivery Board (C).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Data requested to provide financial transaction information;

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

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following facts: (a) the Defendant’s access media that was lent to the Defendant for the purpose of easily punishing the money was used for the singishing crime; (b) the Defendant withdrawn and used 1.5 million won out of the money deposited by the injured party; (c) the Defendant did not recover damage to the victim until now; and (d) the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime are considered comprehensively, and determine the sentence as ordered.