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(영문) 수원지방법원 여주지원 2019.03.19 2019고단167
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person may lend a means of access, promising any compensation.

1. On November 28, 2018, the Defendant received a text message stating, “B is the office chief of C of Kwikset Co., Ltd., who borrowed an account for the purpose of tax reduction and exemption. If C/C is lent for three days, it would be KRW 700,000 per day.” At around 12:00 on the same day, the Defendant sent a paper, stating a physical card connected to the account in the name of the Defendant (Account Number: E) and a paper, stating one password and a password connected to the account in the name of the Defendant, via Kwikset Service.

2. At around 12:00 on November 29, 2018, the Defendant received text messages from the person who was unaware of his/her name, stating that “The Defendant sent another physical card because the limit of withdrawal of the D bank’s physical card is restricted.” and sent a paper, via Kwikset service, stating one physical card connected to the Postal Account (Account Number F) in the parking lot of the D bank’s office, and the paper, stating the number and the number, connected to the Postal Account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. A copy of the bankbook; and

1. Application of statutes on a copy of a post office passbook;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Defendant’s access card for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is used for the crime of licensing, considering the unfavorable circumstances. However, considering favorable circumstances such as the fact that the Defendant’s access card was used for the crime of licensing, the fact that there was no substantial damage with respect to the crime of licensing by the post office card, and the fact that the Defendant is the initial offender.

The defendant's age, character and behavior, environment, support relationship, economic situation, etc.

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