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(영문) 수원지방법원 안양지원 2019.03.05 2017고단2180
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 a proposal from a name-free person to “where an account is necessary to reduce taxes, and if one account is lent for one month, he/she will offer KRW 3 million.” On July 17 to 18, 2017, the Defendant lent the means of access to financial institutions by having the name-free person receive one check connected to a bank account (E) in the name of the Defendant at a convenience store located in Gwangjin-si B, and having the name-free person search for it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s authenticity and written statements to the Acts and subordinate statutes;

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 circumstances in which the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are favorable: The reason for sentencing is recognized to be erroneous, and the fact that there is no history of punishment for the same kind of crime: The lending of the means of access is not only detrimental to the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosping, etc., and social harm is serious, and the means of access actually lent by the defendant is used for other crimes

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