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(영문) 제주지방법원 2019.07.12 2019고단282

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On November 6, 2018, the Defendant: (a) received the promise from a person who was not the name of the Defendant to “on the part of an account in need of tax reduction or exemption for business; (b) borrowed for three days and borrowed for ten million won in return; and (c) lent the above physical card, the means of access, which is a means of access, to inform the person who was not the name, via the post office, of the password number, at the same mine office located in the Jeju City 2 Do Do; and (d) sent the above physical card to the person who was not the name of the Defendant at the Do 2 Do 300,000.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. A copy of the document prepared in E and each description of the copy of the statement;

1. Statement of deposit transactions in a copy;

1. Application of video-related Acts and subordinate statutes to D message outputs;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is 【The scope of punishment by law】 One month or three years or more of imprisonment】 The 4 months of suspended sentence: the act of lending the means of access is serious in social harm by facilitating various crimes, such as tax evasion, Internet gambling, and scaming; the act of lending the means of access is serious in social harm; and the act of lending the means of access is 2 million won or more in case of Boscing using the Defendant’s lending account: the Defendant's mistake is recognized and divided.