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(영문) 수원지방법원 안산지원 2019.07.04 2019고단1361
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may lend a means of access while receiving, demanding or promising any consideration.

On January 9, 2019, the Defendant issued a proposal to the effect that “I are alcoholic beverage companies, which requires tax reduction and exemption. I would pay KRW 2.4 million per account if I lend the account,” and that I promised to receive KRW 2.4 million on the condition of lending the account, and then delivered to the above person in the name of the Defendant using Kwikset Service, the ckset card connected to the new bank account (B) in the name of the Defendant at a location below the members of Ansan-si, Ansan-si, and the kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigative reports;

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

1. All the circumstances, including the fact that the means of access leased by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is used in the crime of Bophishing fraud and the amount equivalent to eight million won has been deposited and that six million won has been withdrawn among them; on the other hand, the defendant recognizes and reflects the mistake; on the other hand, the defendant has no criminal record exceeding the same criminal record or fine; and on the other hand, two million won has been withdrawn and returned out of the amount of deception.

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