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(영문) 제주지방법원 2019.08.23 2019고단1002

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.

On November 18, 2018, the Defendant: (a) received a proposal from a person who was unaware of his name to “be a liquor company, which is a tax issue; (b) would provide three million won in return for lending the card for three days; and (c) subsequently, on November 19, 2018, the Defendant lent a physical card connected to the Defendant’s name bank account (D) and one copy of the physical card, which is a means of access, to make a compensation by delivering the card to the person who was unaware of his name, by entering the card in paper and the password in a method of sending the personal bank account in the name of the Defendant in Ansan-gu, Ansan-si.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement E prepared by the police officer;

1. Entry of a written appeal in E preparation;

1. Application of Acts and subordinate statutes entered in a financial transaction of the principal;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences in law】 Fine of 50,000 won or more to 20 million won 【Pronouncement of sentence】 The act of lending means of access is serious social harm caused by facilitating various crimes, such as tax evasion, Internet gambling, and singing, etc.; circumstances favorable to that of singing out damage of 5 million won by using the Defendant’s lending account; and that of singing out using the Defendant’s lending account are recognized by the Defendant’s mistake and divided; at the time of the instant crime, the account of the financial institution that the Defendant lends to the person under whose name the Defendant was in default is used for singing.