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(영문) 제주지방법원 2019.07.12 2019고단339
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

In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On November 22, 2018, the Defendant promised that “I will operate a liquor company, and use 80,000 won per page and return it after using it for three months.” On the roads near C University located in Mapo-gu Seoul Metropolitan Government, I sent a physical card connected to the personal compromise account (Account Number D) in the name of the Defendant. I lent the above physical card, which is a means of access, to inform the non-personal names, via Kwikset service article. The above physical card password was leased by means of informing the non-personal names to E.

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. Entry of each copy of the protocol of examination of suspect as to F prepared by the police;

1. Application of video Acts and subordinate statutes to the output of conversation;

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 of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of applicable sentences】 Fine of KRW 50,000 to KRW 20 million: The act of lending means of access at a disadvantage of KRW 3 million: The act of facilitating various crimes, such as tax evasion, Internet gambling, and scaming, thereby causing serious social harm: The defendant's mistake is recognized and divided. At the time of the crime of this case, the account of the financial institution that the defendant lends to the person who was not the name of the defendant is used for scaming.

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