(영문) 창원지방법원 2019.06.05 2019고단332

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.06.05 2019고단332

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

In using and managing the means of access, no one shall knowingly lend the means of access to a crime, unless otherwise specifically provided for in any other Act.

On October 30, 2018, the Defendant issued a proposal to the effect that “The Defendant would use another person’s account in order to save taxes, but would be employed as a golder upon informing an account to be used and sending a check.” On October 30, 2018, the Defendant, despite being aware that the account in the name of the Defendant was used for tax reduction and exemption, was known that the account in the name of the Defendant was used for the tax reduction and exemption, he sent the check card connected to the B Association account in the name of the Defendant and one check card connected to the D Association account in the name of the Defendant, and notified the Defendant of the password via letters.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions to a person who is not aware of being used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The F true statement and written statement;

1. Application of Acts and subordinate statutes on the details of transactions by account and the details of each entry and withdrawal transaction;

1. Article 49 (4) 2 and Article 6 (3) 3 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the provisional payment order shall be determined as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, the number of means of access leased; (b) the details and circumstances of the instant crime; and (c) the circumstances after

The act of lending means of access is not only detrimental to the safety and reliability of electronic financial transactions, but also it is necessary to strictly cope with the risk of massing a large number of victims because it is used for other crimes.

The defendant has been lent.

참조조문

-전자금융거래법 제6조 제3항 제3호

-전자금융거래법 제49조 제4항 제2호

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