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(영문) 수원지방법원 안양지원 2020.04.09 2019고단2533
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

No person shall borrow or lend a means of access while receiving, demanding or promising compensation.

Nevertheless, the Defendant, on July 9, 2019, lent to a person whose name is unknown, a physical card connected to the account to be used for tax reduction or exemption to operate a liquor company for three days, and then lent the means of access to a financial institution by using and returning it for three million won per page 1, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.) from a person whose name is unknown. In order to receive the above consideration, around September 12:00, 2019, the Defendant borrowed the means of access to a financial institution by using and sending it to a third party on e.g., e., e., e., e., e., e., c card connected to the F Bank Account (H.).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to each of the financial transaction information (D Bank, F Bank), investigation reports (Attachment to the Kakakao Stockholm dialogue of a suspect A, Details of Kakakao Stockholm dialogue), investigation reports (with respect to the withdrawals made out of the damaged amount with the ck card used for the crime of this case, documents available for inspection by the Gyeongbuk-gu Police Station in

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the account leased by the defendant for the reason of sentencing of the provisional payment order is disadvantageous to the use of the singing crime.

However, in consideration of the fact that the defendant is the first offender and reflect, the punishment shall be determined as per the disposition.

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