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(영문) 대구지방법원 포항지원 2017.03.29 2016고단1454 (2)
폭력행위등처벌에관한법률위반(공동공갈)등
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 give a direction of transaction in electronic financial transactions while promising to receive any consideration, or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around December 2015, the Defendant received KRW 700,000 in return for the loan of the account, and issued the passbook, check card, etc. of the corporate bank account (B) opened in the name of the Defendant to the name-oriented person.

As a result, the defendant promised to receive compensation, and lent the above account access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Account transactions;

1. Application of Acts and subordinate statutes to each report on investigation;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2, 6 (3) 2, and 6 (3) of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (including the fact that there is no record of excess punishment or of the same punishment, and that the lending account has not been used for licensing crimes)

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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