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(영문) 수원지방법원 2019.01.31 2018고단6768
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 person may, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.

Nevertheless, at around 22:00 on June 27, 2018, the Defendant issued a proposal to the effect that “Korea is a bitco-owned business entity, and requires a cco-related account. When lending an account, it is used for three days and returned as a fee, and three million won per account in the usage fee.” In response, the Defendant corrected a letter of cock card connected to the d bank account under the name of the Defendant (E) and the F bank account (G account (G account number) through Kwikset service article, and then notified each account number and password to H.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the I;

1. Report on internal investigation (the result of execution of a warrant of seizure) and report on internal investigation (the additional confirmation of the AF bank account);

1. Application of each of the Acts and subordinate statutes to a non-prosecution decision and written opinion;

1. Article 49 (4) 2, Article 6 (3) 2, and Article 2 subparagraph 10 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the defendant was used for the actual crime of fraud, causing a third party victim.

The Defendant’s crime of this case led to the disturbance of the financial transaction order.

The Defendant transferred a passbook to the end that he would borrow prior to the instant case, and was investigated by the police, but again committed the instant crime for pecuniary interest.

However, the defendant is recognized by investigative agencies to commit the crime of this case.

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