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(영문) 서울남부지방법원 2019.07.11 2019고단1733
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

On October 2018, the Defendant: (a) received a proposal from a person without his/her name to the effect that “where he/she lends a check to the effect that he/she needs to be reduced or exempted from taxes, he/she will provide the means of access; (b) in response, he/she intended to lend the means of access; and (c) around the 29th day of the same month, at a door-to-door office near the new station located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, in the name of the Defendant (B) bank account (B) and the same bank account (C), and provided two copies of the physical card connected to each of the above bank accounts to the designated location by notifying the person without his/her name to the designated location; and (c) lent the means of access

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written petitions, transfer confirmations and response materials;

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

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. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, circumstances leading to the Defendant’s commission of the crime, circumstances before and after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and criminal records, the punishment

D. Unfavorable circumstances: The act of lending means of access needs to be strictly punished because it is often used as a means of other crimes, such as gambling and hosting, and the actual circumstances that the means of access leased by the defendant has been used for the crime of Bosing: The defendant recognized the crime and reflects it; the defendant seems to have no profit from the actual acquisition of the crime of this case; and the first offender who has no criminal record.

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