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(영문) 창원지방법원 2019.02.15 2018고단3270
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or receive or lend the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, around August 2018, the Defendant listened to the phrase “B” from a person who was unaware of his name, that “if the Defendant operates a liquor company called “B, and if it is necessary to save taxes, he would pay KRW 800,000 per account in return for the loan of 1 week, 80,000 won per account.” On August 24, 2018, the Defendant sent a passbook, e-mail card, and an OTP birth machine connected to the bank account under the name of the Defendant using high-speed bus service at the Changwon bus Terminal at the window of Changwon-si, Changwon bus Terminal at around 17:00 on August 24, 2018, and sent a password by telephone.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time, lent a means of access to another person with knowledge of being used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

1. Relevant Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (the point of lending a means of access to a means of access to a price promise) and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the point of lending a means of access knowing that criminal facts are to be used for a crime);

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 to attract a workhouse;

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