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(영문) 대구지방법원 서부지원 2017.06.02 2017고단569
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant will give KRW 2 million per month on a one-month basis by lending an account that can receive illegal money from a person with no name.

Upon receipt of the proposal “,” on January 18, 2017, the company’s bank account (B) was opened at a company scattering Dong located in Daegu-gu, Daegu-gu around the same day, and the company transferred the access medium by means of sending the physical card connected to the said account to the address in Seoul-gu where the name was known by the non-holder of the said account at a non-titled location, and the password was known by telephone.

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 transaction between A and A Bank;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

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

1. Consideration, such as the fact that, after receiving the money by deception through the Defendant’s deposit account for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the criminal defendant does not withdraw the money by deception upon requesting the payment suspension; the fact that there was no criminal record except for a fine imposed three times due to the violation of the Act on the Establishment of Local Reserve Forces; and the fact that the transferred access medium account is only one.

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