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(영문) 제주지방법원 2019.10.10 2019고단1686
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2018, the Defendant heard the statement to the effect that “a loan may be made up to KRW 10,000,000 if he sent two physical cards connected to an account that will pay principal and interest to a police officer,” and then sent two copies of physical cards connected to the account of community credit cooperatives (Account Number B) in the name of the Defendant at the south-dong post office located in Jeju-dong on November 22, 2018 at the south-dong post office located in Jeju-dong, Jeju-do, and then sent them to the person who was named, using two copies of the physical cards connected to the account of community credit cooperatives (Account Number B) and the account of new bank (Account Number C).

Accordingly, the Defendant lent the means of access while receiving, demanding, or promising compensation as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the details of account transactions, E-ISDNs and output copies, and the application for deposit transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is disadvantageous to the Defendant, such as lending the means of access, the nature of the crime is not weak, the means of access is two, the means of access leased by the Defendant is actually used for licensing crimes, and the fact that the Defendant has a criminal record of the same kind.

However, the fact that the defendant is against the charge and is punished by a fine, and that there is no record of criminal punishment, etc. are favorable circumstances.

In addition, this case's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc.

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