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(영문) 서울서부지방법원 2019.09.03 2019고단2184
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall, in using and managing a means of access for electronic financial transactions, borrow or lend a means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around April 2, 2019, the Defendant, upon receiving a proposal from a person without personal name (i.e., “A., an employee B of an imported company of raw materials for the purpose of recovering transaction prices, was exposed to a corporate account, and leased the personal account to reduce the amount of taxes incurred due to the disclosure of sales.” The Defendant offered that “3 million won per account is paid and returned after five days’ use.” On April 3, 2019, the Defendant provided the means of access by sending a check card connected to the Defendant’s Dbank account under the name of the Defendant through Kwikset Co., Ltd. (E) through Kwikset service before Yeongdeungpo-gu Seoul, and promised to provide the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A list of transactions of deposits and withdrawal, and a list of financial data;

1. Application of text messages and Acts and subordinate statutes governing F photographics;

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (the fact that there is no benefit of crime acquired by the defendant, the fact that there is no record of criminal punishment against the defendant, the fact that the defendant committed the instant crime in an economically difficult situation, the fact that the defendant seriously reflects the fact that the defendant is not likely to repeat the crime, the fact that the damage deposited in the account of the defendant is not withdrawn entirely from the account of the bank, and other consideration such as the age, character, environment, etc. of the defendant);

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

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