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(영문) 제주지방법원 2019.11.29 2018고단243

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.

Around March 14, 2017, the Defendant received a text message stating, “If he/she lends an account, he/she will pay two million won in return for each payment.” He/she heard the speech that “If he/she sends the account, he/she will give two million won in return for sending the account: Provided, That the head of a local bank, not the head of a bank, and the head of a central bank, such as a national bank, shall change the head of a bank.” On April 14, 2017, the Defendant provided the means of access by promising that he/she should receive the payment by delivering one check card connected to the national bank account (D) in the name of the Defendant from the convenience store located in Jeju-si B through the convenience store distribution service.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

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

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

1. Entry of a written appeal in E preparation;

1. Application of the Acts and subordinate statutes entered by the payee as the defendant;

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 grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. are the criminal facts of this case, which were prosecuted before June 30, 2019, and sentencing guidelines do not apply.

【The scope of applicable sentences under law】 One month to three years 【Decision of Sentence】 Imprisonment with prison labor for 4 months: The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, thereby causing social harm.