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(영문) 의정부지방법원 2019.05.17 2018고단4589
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

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

On February 7, 2018, the Defendant borrowed a personal account from a person without his/her name from a third party to receive tax reduction. If he/she borrowed a personal account for three days, he/she would pay three million won in return for the lending of the personal account.” On February 8, 2018, the Defendant received the proposal and consented to it, and issued the personal card linked to the Defendant’s name bank account (D) before the entrance of the B apartment building in his/her name at the Government-si, B apartment building, and notified him/her of the password via telephone.

Accordingly, the defendant committed an act of lending the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Customer's personal information and details of deposit transactions in the Cbank account;

1. Details of deposit transactions in the C bank account;

1. Application of Acts and subordinate statutes to an application for opening an account of Cbank;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed. The crime of this case is committed by transferring, keeping, and delivering the means of access as a means of preventing various crimes, such as scaming, which currently has a great social harm, and illegal sports soil, etc., and the crime of this case was committed by the victim as a means of the crime of scaming, which actually was committed by the crime of this case, and the victim was committed by using the scam card, which was actually committed by the crime of this case, as a means of the crime of this case, and thereby, the investigation of the crime of this case was conducted.

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