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(영문) 창원지방법원 2018.02.07 2017고단3832
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

Criminal facts

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration for any access medium, such as the account number, etc. of financial institutions used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the details of transactions with users and financial institutions, or lend, etc. knowing that it is to be used for a crime, purpose of use in electronic financial transactions, or

However, on August 16, 2017, the Defendant borrowed the passbook to be used for the reduction or exemption of liquor taxes from his/her name from his/her agencies in B in the Hamnam-gun B in the Hamnam-gun B in the Hamnan-gun, the Defendant will use it for 700,000 won per day and for 3 days.

“In receipt of the proposal of “,” and consenting thereto, the account number and passwords for the NongHyup Account (C) in Defendant’s name were issued to the name in the name of the deceased.

As a result, the defendant agreed to receive compensation with the knowledge that he will be used for the crime and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer confirmation;

1. Application of the reply statute

1. Article 49(4)2, Article 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a means of lending a medium of access to a price promise) concerning criminal facts, Article 49(4)2, and Article 6(3)3 (a) of the Act on the Electronic Financial Transactions and Trade (a person who knowingly leases a means of access to a crime) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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