logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.03.29 2019고단250
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

No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.

Nevertheless, on November 21, 2018, the Defendant received a proposal from Gangseo-gu Seoul Metropolitan Government building B, that “I want to use the check-up account from a person whose name is unknown (one person C) and D to use the check-up account in order to reduce or exempt taxes. I lent the check-related card for three days on the face of a week, use it for three days, return it, and download 2.4 million won per day as an honorarium.”

On the same day, the defendant sent a physical card connected to the F Bank account (Account Number: G) in front of the building above B at the same day, through Kwikset service, and notified the above person of the password in D.

The Defendant promised to receive such consideration and lent the means of access linked to the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of transfer transaction certificate and detailed statement of transactions Acts and subordinate statutes;

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 unfavorable to the defendant: The lending of the means of access may be used for various crimes, such as evasion of tax, gambling, and scam; circumstances in which the defendant lent the cream card actually used for the crime of fraud: The defendant reflects the crime; the defendant has no record of criminal punishment; and the defendant seems to have no actual profits from the crime of this case.

arrow