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(영문) 서울남부지방법원 2019.10.16 2019고단2232
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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, the Defendant, on November 1, 2018, received a proposal from a nameless person who assumes the position of an employee of a liquor company to “it is necessary to secure cash necessary for the reduction and exemption of liquor tax, and if the Defendant borrowed the account, he/she would offer KRW 800,000 per one account.” On November 14, 2018, at the front of the Gangseo-gu Seoul Metropolitan Government B apartment guard office, issued one check card connected to the above nameless person’s bank account (C) opened in the name of the Defendant through Kwikset Service Articles.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes for transfer certificate;

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

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The crime of lending the means of access is a crime detrimental to the security and trust of financial transactions, and the leased cards, etc. may be abused as means of other crimes. The means of access leased by the Defendant was actually used for the crime of Bosing fraud.

The favorable circumstances: Recognizing the crime, it is against the law.

There is no record of the same crime.

Determination of sentence: Determination of sentence shall be made in the same manner as the disposition, comprehensively taking into account the aforementioned circumstances, the defendant's age, character and conduct, environment, motive and circumstances of the crime, and various conditions of sentencing as shown in the trial process.

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