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(영문) 서울서부지방법원 2020.01.21 2019고단3667
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 the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 2019, the Defendant: (a) accepted the proposal that “I wish to use the passbook for the purpose of reducing taxes; (b) 80,000 won per day from the person who was missing the name of the original site; and (c) will use the passbook only for 3 days per 1 head of the Tong; and (d) 2,40,000 won per 3 days per head of the e-mail; and (c) sent it to the address under the direction of the Defendant, as instructed by the above person who was not entitled to the name of the bank account (number : E) and the F Bank account (number : G) in accordance with the direction of the above person who was not entitled to the name of the Defendant, around March 26, 2019.”

Accordingly, the Defendant promised to receive a total of KRW 4.8 million for three days, and at the same time, lent two means of access in the name of the Defendant to a person who has lost his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A H statement;

1. Application of Acts and subordinate statutes on written confirmations on the results of electronic financial transfer, details of transactions, details of sending and receiving letters, and details of accounts transactions;

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

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is likely to be used as a means of other crimes. Therefore, it is necessary to strictly punish the means of access for electronic financial transactions. The actual lending 2 card was committed (amount of KRW 15 million) and the actual lending 15 million was committed, and the defendant is led to confession and reflect.

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