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(영문) 제주지방법원 2019.07.26 2019고단480

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 January 4, 2019, the Defendant promised that “I operate a liquor company, and will use 80,000 won per page and lease it for three days at a post office located in Seopopopo-si on January 7, 2019.” On January 7, 2019, the Defendant lent the above e-mail card, the means of access, which is a means of access, to inform the person who is not his/her name, of the secret number of the said e-mail card through D Mesens, by means of sending the e-mail card to be used to reduce taxes.”

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. Each entry in the E-document and written statements;

1. Each description of a transfer certificate and a written provision of financial transaction information;

1. Application of each video statute to the output of each D message screen;

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 criminal facts of this case for the reason of sentencing under Article 62-2 of the Probation Criminal Act are prosecuted before June 30, 2019, and thus the sentencing criteria are not applicable.

【The scope of applicable sentences under law】 One month to three years 【Pronouncement of Punishment】 Imprisonment with prison labor for 4 months: The act of lending the means of access is serious harmful to society by facilitating various crimes, such as tax evasion, Internet gambling, and scaming; and the Defendant’s lending of the means of access to the financial institution account.