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(영문) 제주지방법원 2019.05.03 2018고단2053
전자금융거래법위반
Text

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

except that 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

No person shall request or lend any means of electronic financial transactions issued by a financial institution to provide, demand or promise the consideration.

On April 16, 2018, the Defendant promised that “on the face of lending the e-mail card between one month and one month, three million won per e-mail card shall be paid.” On April 17, 2018, the Defendant sent three copies of the e-mail card, each linked to B Bank Account (C), D Bank Account (E), and F Bank Account (G) on the line of post office offices around 13:09.

As a result, the Defendant promised to receive a total of nine million won and lent the means of access to his name in return.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each description of the authentic statement and written statement of H;

1. Application of each Act or subordinate statute to include certificates of deposit transactions, customer information inquiry table, details of entry and withdrawal, each text message, receipts, details of entry and withdrawal transactions, and details of entry and withdrawal transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act, comprehensively including the relevant Article of the Act on Criminal facts and the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is 【The scope of applicable sentences under law】 One month or three years from one month to three years of imprisonment 【Decision of Sentence】 The act of lending the means of access for the two-year period of suspended execution is serious social harm by facilitating various crimes, such as tax evasion, Internet gambling, and scaming, etc. among the Defendant’s lending accounts, and H was damaged by 4,076,531 won from the Defendant’s lending accounts among the financial institutions’ lending accounts. In light of the above, it is deemed that the character and conduct of the crime is inappropriate.

However, there are financial institutions accounts in which the defendant has recognized his mistake and divided, and the defendant lends his name to a person with no fault at the time of the crime of this case.

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