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(영문) 수원지방법원 안양지원 2019.03.05 2018고단1983
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 means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, the Defendant received and consented to the proposal that “A card is necessary to reduce or exempt taxes. If only 30,000 days are lent, 8 million won will be given.” On August 19, 2018, the Defendant lent the means of access to Kwikkset-ro 212-ro 32 to Kwikset-ro’s article in the name of the Defendant to Kkset-ro 212-ro 17:00, and then lent one physical card connected to BB bank account in the name of the Defendant to Kwikset-ro’s article.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints, etc. filed in D;

1. Details of financial transactions with B banks under the title A;

1. Application of CCTV Acts and subordinate statutes to A withdrawal points;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the court recognizes mistake and reflects the primary offender, and the circumstances unfavorable to the primary offender: The lending of the means of access is not only impeding the stability and trust of electronic financial transactions, but also providing the means of other crimes, such as Bosping, etc., which requires strict punishment due to serious social harm. In fact, the means of access leased by the defendant is used for other crimes.

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