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(영문) 부산지방법원 2019.09.25 2019고단2852
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, knowing that he/she is to be used in any electronic financial transaction, make a transaction request or lend, keep, deliver or distribute a means of access used in order to secure the authenticity and accuracy of users and the details of such transaction.

On December 17, 2017, the Defendant received a summary order of KRW 500,00 from the Busan District Court to impose a fine on the Defendant’s account in violation of the Electronic Financial Transactions Act on July 16, 2012, the Defendant received a summary order of KRW 300,00,000 from the Defendant’s account holder to whom the Defendant’s account may be used for criminal acts, such as scaming, etc., if he/she leased the means of access to the Defendant’s name in the vicinity of the Busan District Court C, but he/she knew that the Defendant’s account holder could be used for scaming, etc., if he/she leased the means of access to the Defendant’s name under the name of the corporation, and then he/she notified the Defendant of the above draft of the bank account under the name of the Defendant’s account holder to the Plaintiff’s account holder (hereinafter referred to as “CF card”) after opening the account in the name of the corporation.

Accordingly, the Defendant knowingly lent the means of electronic financial transactions to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Copies of the police statement to J;

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

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

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