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(영문) 서울남부지방법원 2019.01.11 2018고단5455
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

Except as otherwise provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of any compensation in using and managing the means of electronic financial transactions.

Nevertheless, the Defendant received a proposal from his name-free person to the effect that “if he lends the account, he will pay KRW 3 million per opening,” and accepted it, and around August 22, 2018, around the Seoul Metropolitan Government B Apartment Guard Office, he included two physical card-related each with Cbank accounts (D) and E Bank accounts (F) under the name of the Defendant, and sent Kwikset through Kwikset Service, and notified the password as a wire.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. Details of transfer;

1. Investigation report (the nominal name of the account - C Bank);

1. Details, etc. of account transactions with AC Bank;

1. Investigative report (Submission of a copy of bankbook A);

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 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 under Article 334(1) of the Criminal Procedure Act is two copies of the means of access, and the means of access leased by the defendant is not suitable for the actual use of the crime of Bosing. However, the confession of the defendant, the primary crime, the fact that the defendant was led to the failure to obtain the cost of lending the means of access, and other circumstances shown in the records and trial process of this case, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per the order.

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