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(영문) 제주지방법원 2019.06.14 2018고단2925

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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

On July 2018, the Defendant called “B’s agent who imports and exports rubber,” and called “3 million won will be paid in return for the use of passbook and body card for four days if sent for the purpose of avoiding taxes.” On July 24, 2018, the Defendant sent the body card linked to the E (F) account in the name of the Defendant at Seopopo City C, and lent the means of access to the unspecified person by sending the password to G.

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. The description of a petition prepared by H;

1. Entry of each copy of the statement of financial transactions in the principal and the statement of transactions;

1. Application of the video Acts and subordinate statutes to text messages and photographs;

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 under the law】 Fine of 50,000 won or 20 million won 【Pronouncement of sentence】 The act of lending means of access is serious social harm as a means of facilitating various crimes, such as tax evasion, Internet gambling, and singing, etc.; the act of lending means of access is serious; H is damaged by 4,210,600 won by using the Defendant’s lending account; the Defendant’s mistake is recognized and divided; there is no evidence to prove that the Defendant had known that the account that the Defendant lent to a person who was under his name was used for singing; H takes measures immediately in the Defendant’s account.