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(영문) 서울서부지방법원 2017.07.20 2017고단647
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall, in giving instructions on transactions in electronic financial transactions or using and managing any access medium used to secure the authenticity and accuracy of users and the details of transactions, lend any access medium knowing that it is intended to use it for a crime or to be used for such crime, unless otherwise provided for in other Acts.

Nevertheless, on October 18, 2016, the Defendant received a request from C to lend an account in the name of the Defendant to deposit large amount of money into the Republic of Korea without paying taxes from C, and received a request from C to lend an account in the name of the Defendant in order to deposit money into the Republic of Korea, and the account number of the national bank account in the name of the Defendant in the name of the Defendant was known to C, and the official certificate issued by the said bank and the OTP generating machine were opened.

Accordingly, the defendant, knowing that he will be used for the purpose of crime or crime, lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to deposit receipts, a Kakao Stockholm dialogue statement, an application for opening an account (F), an investigation report (verification of the date of issuance of suspect pot), and an investigation report (Attachment of written opinions on cases violating the C Electronic Financial Transactions Act);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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