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(영문) 의정부지방법원 고양지원 2019.05.09 2019고단368
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, around July 18, 2018, the Defendant registered his/her business in the name of “B” under the name of the Defendant upon receipt of documents necessary for incorporation from a person who has no title to his/her name and received a proposal that he/she would make a passbook connected to a corporate account in Seocho-gu Seoul, Gangnam-gu, Seoul, and would make a business in the name of “B” if he/she lent the passbook for two months.

On July 23, 2018, the Defendant opened a bank account (D) in the name of the said limited liability company at the non-bank branch in Seocho-gu Seoul, Seoul. On July 23, 2018, and gave the passbook and the check card connected thereto to the non-resident.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the details of transaction transfer, the details of the Fluorization and the closure data;

1. Article 49 (4) 2 and Article 6 (3) 2 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. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access that he/she leased can be used for the crime, but a false corporation establishes and lends the means of access, and the fact that the means of access that the Defendant leased was used for the crime of licensing is disadvantageous to

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that there is no record of criminal punishment, etc.

In addition, various factors of sentencing, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and circumstances after the crime, are shown in the records and arguments in this case.

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