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(영문) 창원지방법원 2019.07.18 2019고단484
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 3, 2018, the Defendant received a proposal from a person whose name is unknown to the effect that “the bank account to be used for virtual currency transactions shall be KRW 4 million if the bank account is lent for three days.” In response, the Defendant sent the check card to a person whose name is not known in Kimhae-si C via the Defendant’s corporate bank account (D).

As a result, the Defendant promised to receive the price and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on details of each deposit trading, receipt trading statement, and receipt trading;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances such as: (a) the confession and reflect of a crime by the defendant; (b) the first offender without any previous conviction; and (c) the victim of the Bosing crime appears to have been recovered.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.

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