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(영문) 수원지방법원 2019.07.17 2019고단2485
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means will be used for a crime in electronic financial transactions.

On July 29, 2015, the Defendant was subject to a disposition of suspension of indictment on suspicion that he/she transferred B bank B bank's physical card in his/her name at the Suwon District Prosecutors' Office, and even though he/she knew that the relevant account could be used for a crime if he/she sent it to an influence, the Defendant, despite having known that the relevant account could be used for a crime. However, on February 15, 2019, he/she was aware that he/she was named as C bank's staff from the name influence who misrepresented C bank's staff and sent the check card to obtain an illegal work loan. At around 14:00 on the same day, the Defendant's bank account in his/her name (D), E (F), H bank account in his/her name, H bank account in his/her name (I) and E (Influence) account, and notified each of the above phone number and password to the person who sent it to the above Defendant's residence and the above article's name influence.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of L or M;

1. Investigative report (verification of account number, etc. connected to a means of access that has been seized at the site of arrest), investigative report (verification of account number, etc. connected to a means of access that has been seized at the site of arrest), investigation report (report on a suspect A violation of the Electronic Financial Transactions Act);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to inquiry reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The following circumstances are the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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