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(영문) 창원지방법원 2019.09.20 2019고단2031
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, demanding or promising compensation.

On April 2019, the Defendant received the proposal that “I will give KRW 1,500,000 won per account if I want to lend an account because I want to pay taxes to alcoholic beverages business operators,” from a person who was named in a telephone, and then delivered to the above person who was named in the name of the Defendant through Kwikset Service Delivery Board, one check and password of the DNA bank account (E) in the name of the Defendant.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to details of transactions, report on internal investigation (D bank search, seizure and verification warrant reply);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the means of access that the defendant has exceeded is actually used in the crime of telecommunications-based financial fraud: The fact that the defendant repents and reflects the mistake, and that there is no record of the same kind of punishment.

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