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(영문) 광주지방법원 2019.04.26 2019고단550
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access, or keep, deliver or distribute the means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2018, the Defendant: (a) received the communication that “B is a company sales, and is leased to the account for the purpose of saving taxes because there are many corporate sales; (b) if the account is lent, KRW 1.5 million is set up in one month; and (c) consented to the lease of the account.”

Accordingly, on November 2018, the Defendant sent one physical card connected to the DF account under the name of the Defendant to the home-based officer who sent the above name-based personal card, and notified the above name-based personal identification number to the above-mentioned personal name-based personal identification.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Selection of an alternative fine for punishment;

1. Taking into account the following circumstances: (a) recognition of the crime of sentencing under Articles 70(1) and 69(2) of the Criminal Act and reflections on the reason of sentencing; (b) absence of criminal records in the same kind; and (c) the number of times of lending the means of access was limited to one time; and (d) there is no

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