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(영문) 제주지방법원 2019.06.21 2018고단2935
전자금융거래법위반
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

The Defendant called “B financial company, which would give KRW 3,00,000 in return for the three-day use of the e-mail card,” from the name bad, and the Defendant sent the e-mail card to the e-mail at the post office located in Seopopopopo-si on July 23, 2018, and lent the means of access to the name poor by delivering the e-mail card to the e-mail account under the name of the Defendant.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Application of each of the Acts and subordinate statutes described in the F Documents and written statements;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under the law】 Fine of 50,000 won or more to 20 million won : The act of lending means of access is serious social harm as a means of facilitating various crimes, such as tax evasion, Internet gambling, and outsourcing; the act of lending means of access is serious; the act of lending means of access is 4,400,000 won or less to see that the Defendant was damaged by the Defendant’s bank account using the Defendant’s lending account; the Defendant’s mistake is recognized and divided; there is no evidence to prove that the financial institution account of the Defendant lending to the Defendant at the time of the instant crime; there is no evidence to prove that the Defendant’s account would have been used for singing; the F would have recovered 400,000 won out of the above damage amount; and there is no criminal record against the Defendant; such circumstances are the Defendant’s age, character and behavior, motive and consequence of the crime.

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