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(영문) 서울남부지방법원 2016.08.18 2016고단2866
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

No person shall lend any access medium for electronic financial transactions with the knowledge that such medium is to be used for a crime or to be used for such purpose.

Nevertheless, the defendant, on February 29, 2016, reported the curriculum vitae posted on his job-seeking site to the Kakao Stockholm message from a person who was infinite who was infinite, "if the defendant is an asset management company related to the tax accountant office, and the account is registered as an employee only on a document, and if the account is lent for two months, the account will be used to create documentary evidence for the payment of the company, and 70,000 won per day will

“ Upon receipt of the proposal, at a point in the new village of the National Bank, around March 2, 2016, the National Bank opened an account under the name of the Defendant (Account No. B) at the point of the National Bank, and informed the nameless party of the said bank account of the password by the Kakao Stockholm message, and around March 3, 2016, the said bank account opened a cash withdrawal card through a delivery service article sent by the non-personal winners prior to the sending of the call No. 1 in the subway No. 6 in Mapo-gu, Seoul Metropolitan Government, around March 3, 2016.

Accordingly, the defendant, knowing that he will be used for crimes such as tax evasion, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on the details of Kakao Stockholm text messages

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Considering that the Defendant’s reason for sentencing under Article 59(1) of the Criminal Act (the suspended sentence: a fine of KRW 3,000,000 per day: a fine of KRW 100,000) of the suspended sentence led to the Defendant’s instant crime, resulting in another crime, the Defendant’s act does not constitute a small act. However, the Defendant’s act is deemed to have led to the instant case by making the Defendant’s belief that he simply seeks a workplace for part-time work with the early birth of society.

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