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(영문) 대전지방법원 천안지원 2019.03.29 2018고단3022
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of KRW 4 million, Defendant B, and Defendant C, respectively, by a fine of KRW 3 million.

The defendants are the defendants.

Reasons

Punishment of the crime

In using and managing the means of access for electronic financial transactions, no one shall lend the means of access while receiving, demanding or promising the payment, unless otherwise specifically provided for in any other Act, and shall not arrange the lending of the means of access as above.

Defendant

A around May 28, 2018, through Internet search, filed a proposal to seek a passbook to be used at the time of exchange for the purpose of tax reduction and exemption by Chinese illegal casino companies, and made a loan to the account "D" account, and introduced the above proposal to Defendant B and Defendant C around that time, while performing work, such as the preparation of passport and visa, the e-mail card in the lending account, the e-mail card (OTP), the preparation of the lending account, the raise of transfer limit, etc., D', and the defendants went to China on June 2, 2018, upon receiving the air expenses, accommodation charges, etc. from the person who is "D," and the defendants went to China on June 2, 2018.

Defendant

B. At around 07:30 on June 4, 2018, Defendant C promised to receive KRW 3 million per account from a person whose names are not known at the E hotel shop near China, which is located in the E hotel shop, and Defendant B opened a physical check, an authorized certificate, anOTP, and a password connected to the F Bank Account (G) and H Account (I) in the name of Defendant B, and Defendant C added a physical check, an authorized certificate, an OTP, and a password connected to the F Bank Account (J) in the name of Defendant C and the K Bank Account (L).

As a result, Defendant A assisted the act of lending means of access while receiving or promising compensation, and Defendant B and Defendant C lent the means of access while receiving or promising compensation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A victim's statement of M;

1. B and C specification of transactions;

1. Application of Acts and subordinate statutes to deposit certificates and DNA conversations (a document attached to a written investigation of suspect against the defendant B);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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