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(영문) 수원지방법원 평택지원 2017.08.10 2017고단832
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a passbook, check-line, a password necessary for using such passbook, a certificate of official approval registered in a financial institution, etc., which are media access to electronic financial transactions, in return for a consideration.

On April 2016, the Defendant agreed to receive a loan of KRW 1.5 million to KRW 1.5 million per month from the street on the street where a sports movement was held at the end of the end of the day, and lent the personal check card and password of the Defendant’s name-based bank account (B) to the name-based person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. Taking into account the following circumstances: (a) transfer of the reasoning account for sentencing under Article 334(1) of the Criminal Procedure Act by the Defendant’s order of provisional payment to enable organized crimes, such as Bosing, and there is a high need for strict punishment; (b) the account transferred by the Defendant was actually used for the criminal act of Bosing; (c) the Defendant did not clearly recognize the place of use of the account; and (d) the Defendant did not obtain profits from the criminal act.

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