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(영문) 제주지방법원 2019.08.09 2019고단704

전자금융거래법위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

At around 10:30 on September 19, 2018, the Defendant: (a) received a proposal from a person in unsound name who assumes the E of an employee of a liquor company through D in the Defendant’s residence at Jeju-si B Apartment Co., Ltd., and consented to the proposal, “for three days if the company lends the C Card, it is necessary to use it for tax reduction and exemption, and 2.7 million won.” (b) around 17:30 on the same day, the Defendant sent the C Card linked to the Defendant’s new balance account in the name of the Defendant as an air freight and sent it to the Kimpo Airport by packaging it as an air freight, and the said account number and password of the C Card to receive compensation and lent the means of access.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of a copy of the protocol of interrogation of the accused in the police preparation;

1. Entry of a copy of the statement in G prepared by the police officer; and

1. Entry of a copy of a document of G production;

1. A copy of the confirmation of the results of the transfer of electronic finance, and each statement of the results of the transfer;

1. Application of each video statute to a copy of a copy of the contents of a conversation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order】 Fine of KRW 50,000,000 to KRW 20 million: The act of lending means of access at a disadvantage of KRW 3 million: the act of facilitating various crimes, such as tax evasion, Internet gambling, and singing, etc.; serious social harm is caused; G is a favorable circumstance in which the Defendant used a financial institution’s lending account, and G suffers damage of KRW 5 million.