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(영문) 대구지방법원 2019.01.10 2018고단4654
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, around September 3, 2018, the Defendant: (a) heard the warning that “The Defendant would pay a fee when lending the account” from the closed party who reported and contacted advertising text messages to the effect that “I will use the account to evade corporate tax; and (b) would pay KRW 3 million with the commission if I sent the e-mail card connected to the account for five days,” and (c) around that time, I opened the e-mail card connected to the Defendant’s name Cbank account (Account Number: D) in the middle of the Daegu Metropolitan City, Seo-gu, Daegu Metropolitan City, and the intention of paying the above fee.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report internal investigation (the telephone number used by a person who lends a e-mail card, etc.);

1. Relevant Article 49(4) and (2) and Article 6(3)2 of the Electronic Financial Transactions Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant promised to provide compensation and lends the means of access, and that the means of access leased is used for licensing crimes.

However, in light of the fact that the defendant recognized the crime of this case and reflects the depth thereof, that the victim of Bosing was immediately returned, and that it was the first offender, the defendant's age, character and conduct, environment, and circumstances leading to the crime, etc., the punishment as ordered shall be determined like the order.

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