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(영문) 제주지방법원 2019.08.08 2019고단522

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

Nevertheless, on October 2018, the Defendant loaned the above physical card, which is a means of access, to the extent that the post office located in Seopo-si, Seopo-si, Nampo-si, in the name of the Defendant, under the promise that “if you send a physical card to operate a liquor company and to use it for reduction of or exemption from taxes, it will use it for three days and offer three million won in return,” and then, the Defendant sent the physical card to the person under whose name the Defendant was named, via the post office’s house, and the password of the above physical card was sent to the person under whose name it was connected with the account of community credit cooperatives in the name of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the transfer certificate, the details of account transactions received, and the investigation report (the application of Acts and subordinate statutes to shooting text messages stored on suspect mobile phones);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the lending of the means of access, such as the nature of the crime, and the fact that the means of access leased by the defendant was actually used for the crime of licensing.

However, it is advantageous to the fact that the defendant recognizes the facts charged by the investigative agency, and the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and circumstances after crimes are revealed in the trial process of this case.