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(영문) 제주지방법원 2019.06.14 2018고단2496

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall lend a means of access by financial institutions while demanding, demanding or promising compensation.

Nevertheless, around June 7, 2018, the Defendant sent one check to a person whose name is unknown at the Defendant’s office located in Seopopo-si, Seopo-si, Seopo-si, Jeju, by telephone from a person whose name is unknown, and then used to reduce or exempt taxes for 3 to 4 days. Postal cards are to be returned at the time of giving money.” After receiving a proposal, the Defendant sent a password to a person whose name is not known at the post office located in Sungpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 2018. On June 10, 2018, the Defendant sent one check card connected to the post office account (C) in the name of the Defendant.

As a result, the defendant provided, demanded or promised compensation, lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to replies to financial transactions in the principal, search, seizure and verification warrants;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the above lending account of the defendant is actually used for the criminal act of scaming, and its nature is not less than that of the crime. However, the defendant's mistake and reflects the defendant's mistake, the defendant does not have the same criminal record, and the defendant's age, character and conduct, environment, means and result of the crime, and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined