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(영문) 서울남부지방법원 2019.03.27 2018고단5317
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

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall borrow or lend a means of access or keep and deliver a means of access while demanding, demanding or promising to do so, unless otherwise provided for in any other Act.

On May 14, 2018, the Defendant: (a) received a proposal from a false name-based person who misrepresented B employee C, and consented to the offer that “on three million won per three days if he/she lends an account to be used for tax evasion; (b)” and (c) on June 18, 2018, around 14:00, the Defendant sent a physical card connected to the F Bank Account (Account Number: G) in the name of the Defendant in front of the F Bank Account in the name of the Defendant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to H

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of lending the means of access can be used for various crimes, such as evasion of tax, gambling, and scam: the circumstances in which the defendant lent his cream card actually used for the crime of fraud: the defendant reflects the crime; the defendant has no record of criminal punishment exceeding a fine; the defendant has no record of criminal punishment for the crime of violation of the Electronic Financial Transactions Act; and the defendant seems to have no benefit from the crime of this case; as above, it appears that there is no benefit from the defendant acquired by the crime of this case, such as the circumstances and age of the defendant, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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