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(영문) 의정부지방법원 고양지원 2019.03.14 2019고단18
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access with the knowledge that he/she is to be used for a crime or to be used in such crime.

Nevertheless, around August 18, 2017, the Defendant registered the business of “B stock company” in the name of the Defendant with the intention of “B stock company,” under the name of the Defendant, with the intention of offering a proposal to the effect that, “If the Defendant establishes a corporation and registered as a business operator, and then opens an account in the name of the business operator, and then transfers the passbook, he will make a false transaction performance and improve the credit rating.”

On September 27, 2017, the Defendant opened two bank accounts in the name of the said juristic person at the one-time D Bank Pungdong Branch in the same Gu C, and opened two copies of passbooks connected to the said account in the name of the said juristic person through Kwikset service.

Accordingly, the Defendant lent the means of access for the purpose of crime use.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement of transactions and certificate of request for remittance;

1. Financial warrant, reply, and business registration certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of relevant materials);

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

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 crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such means of access can be used for considerable social harm, such as singing, illegal gambling sites, lending fraud, etc.

In this case, the means of access leased by the defendant was actually used for loan fraud crime.

In this case.

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