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(영문) 제주지방법원 2018.11.27 2018고단1540

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on March 20, 2018, the Defendant consented to the proposal that “on the face of lending the e-mail card to require the borrowed account for the reduction or exemption of taxes from B, the Defendant sent the e-mail card to the address designated by the Defendant’s mother of the Defendant in the Jeju postal concentration country in the name of C (Account Number: E) in the name of the Defendant’s mother of the e-mail, and then sent the e-mail number to the address designated by the non-personally non-personally non-personally non-personally non-personally non-personally non-personally non-personally, by using the e-mail card, on March 27, 2018.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a certificate of transaction details);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since the lending of access media for electronic financial transactions for the reason of sentencing can be used as a means of other crimes. In reality, in this case, the access media leased by the defendant is used for the crime, the circumstances leading to the crime, the payment of damages to the victim, and other circumstances that have no record of punishment for the defendant as the same crime, including the fact that the defendant has paid damages to the victim, the age, environment, and circumstances after the crime, etc., the punishment as set forth in the order shall be determined by taking into account together.