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(영문) 수원지방법원 2018.11.08 2018고단5578

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend, store, transmit or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

On February 27, 2018, the Defendant was aware of the fact that: (a) the Defendant was under investigation by hearing the speech that he would give a loan by raising credit rating by accumulating the transaction performance on the face of withdrawal of the money deposited in the account from a person without his name; and (b) was subject to a disposition of non-guilty suspicion (insufficient evidence) on the charge of aiding and abetting fraud on February 27, 2018; and (c) the account or access media can be used for the Defendant’s account or access medium to use the Defendant’s account or access medium.

Nevertheless, on May 2018, the Defendant would provide a loan if he knows the business registration certificate, copy of the passbook, password, etc. from a person who was missing in his name.

“Around May 8, 2018, the Defendant’s bank account (Account Number: B) bank account in the name of the Defendant was known to the upper party of the name of the Defendant, and thereafter, on May 11, 2018, the secret number, which is an access medium under the Defendant’s name, was sent to the lower party of the name of the Defendant, and thereafter, was informed of the ARS certification number and theOTPP number at each time of transfer.

Accordingly, the defendant, knowing that he will be used in the crime, sent the access media to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of deposit transactions and warrant reply materials;

1. Application of Acts and subordinate statutes to a criminal investigation report (a report accompanied by a written decision not to prosecute a suspect with aiding and abetting fraud);

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, and Article 6 (3) 3 (excluding punishment);

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

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is committed by the defendant.