beta
(영문) 제주지방법원 2019.02.14 2018고단1353

전자금융거래법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall receive or promise any consideration and lend any means of access.

Nevertheless, around December 14, 2017, the Defendant received a proposal from a person who has no personal name, stating that he/she would lend B account to a liquor company, and consented to it, and then sent a physical card linked to the E Bank (Account Number:F) under the name of the Defendant to the person who has no personal name, from the “D” located in the Jeju City, to the person who has no personal name, and sent the above physical card number to the person who has no personal name.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the receipt statute

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. Comprehensive consideration of favorable circumstances, such as the fact that the Defendant’s cream card was used for the offense of licensing, etc., due to the sentencing of Article 334(1) of the Criminal Procedure Act, including the fact that the Defendant’s cream card was not actually paid, reflects the fact that it was the first offender, etc.