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(영문) 대구지방법원 서부지원 2017.04.14 2017고단6
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On April 2015, Defendant A would pay the user fee if Defendant A opened and lent a passbook because he/she had a tax problem because he/she had a “tax problem.”

“In receipt of the proposal, on April 28, 2015, the Defendant sent a passbook, physical card,OTP card, and password to the Defendant’s National Bank Account (Account Number D).

Accordingly, the defendant promised to receive compensation and lent the approaching media.

2. Defendant B: (a) around April 2015, the Defendant would be entitled to KRW 400,000 as the usage fee if he/she lent the passbook to a customer’s personal business from his/her name influence at the E main place where the Defendant was working in Daegu-gu, Daegu-gu; (b) the Defendant borrowed the passbook to a customer.

" Upon receipt of the proposal, on April 28, 2015, the passbook, physical card, and password linked to the Defendant's National Bank Account (Account Number F) was delivered to the person in whose name the account was omitted.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on transactions and details of transactions from entry and withdrawal;

1. The Defendants of the relevant criminal facts: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment).

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The sentence of a fine like the order shall be imposed in consideration of the following: (a) the accounts connected with the access media with which the reason for sentencing of Article 334(1) of the Criminal Procedure Act was leased is only one; (b) Defendant A was the initial offender; and (c) Defendant B did not have any criminal record heavier than the same criminal record or fine.

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