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(영문) 제주지방법원 2019.10.11 2019고단1443

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 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 March 6, 2019, the Defendant promised that “if he/she has operated a trade company, and has lent a physical card to be used to reduce or exempt taxes for three days, he/she will pay three million won in return.” On March 6, 2019, the Defendant lent the above physical card, which is a means of access, by delivering one physical card connected to the B bank account (C) in the name of the Defendant at the subordinate post office located in the B bank account (C) in the name of the Defendant on March 6, 2019, around March 13:30, 2019.

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. 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 on the certificate of confirmation;

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 【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 : social harm is serious as a result of facilitating various crimes, such as tax evasion, Internet gambling, and singing, etc., and the circumstances favorable to the Defendant’s damage of 6 million won in case of singinging using the account lent by the Defendant’s financial institution: the Defendant’s mistake appears to have been recognized and divided.