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(영문) 창원지방법원 2019.01.09 2018고단2942

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 June 16, 2018, the Defendant accepted the proposal stating, “B’s employees are required to pay liquor tax reduction and exemption. If the account is leased to the account in the name of the principal, then the Defendant would receive liquor tax payment from the account and pay KRW 700,000 won per total of the amount of entry and withdrawal.”

On June 18, 2018, the Defendant lent the physical card and the password, which are a means of access connected to the account (F) under the name of the Defendant, from the D office located in Kimhae-si, Kimhae-si, by delivering it to the person under whose name the name was lost through selective distribution service and G.

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the financial data gathering;

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. Reasons for sentencing under Article 334 of the Criminal Procedure Act of the order of provisional payment: The sentence of imprisonment with prison labor for six months: The grounds for mitigation, such as that the means of access that the defendant has passed is actually used in committing a telecommunications-based financial fraud: No confession, nor criminal records of the same kind or imprisonment without prison labor or any other heavier punishment;