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(영문) 서울남부지방법원 2019.07.16 2019고단1694
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall lend a means of access used in electronic financial transactions while demanding, demanding or promising the compensation therefor.

Nevertheless, around December 4, 2018, the Defendant, at the street in front of the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government, called from a person without his name, that “The Defendant would sell a total of KRW 2,400,000 won per day on the face of a week from leasing his account to a person who is a staff member of a liquor company for three days,” and sent a total of KRW 80,000 to a new bank account (Account Number: C) in the name of the Defendant and a national bank account (Account Number: D) respectively.

Accordingly, the Defendant promised to pay and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (in response to the details of transactions with the new bank account) and a report on internal investigation (in response to the second account of damage amount);

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

In fact, the means of access in the name of the defendant was used for the crime of fraud by the person in violation of his name, and the part of the amount of damage caused by the scam was paid as the credit

However, the sentence as ordered shall be determined by comprehensively taking into account the following factors: the number of means of access lent by the defendant, including the fact that the defendant is the initial offender and is against the crime, the age, character and conduct of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime.

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