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(영문) 제주지방법원 2019.09.18 2019고단443
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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.

Nevertheless, around October 10, 2018, the Defendant promised that “If he forwards the crow card to be used to operate a liquor company and reduce or exempt taxes, he would pay 500,000 won per day out of the profits for three days, the Defendant lent the above crow card, which is a means of access, by delivering one copy of the crow card connected to the B account under the name of the Defendant at the post office in the eth (Account Number: C) in the ethic zone in the ethic zone in the ethic zone in the Jeju City, the ethic of the ethic card, and informing the above ethic person of the password card through telephone, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the D statement;

1. Details of deposits into victims;

1. Application of Acts and subordinate statutes on response materials;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transaction Act regarding criminal facts; Article 49(4)2 of the Act on Electronic Financial Transactions and Electronic Financial Transactions, Article 6(3)2 of the Defendant’s leased account for sentencing a sentence of imprisonment with prison labor; the Defendant’s history of being investigated for the same kind of crime could have sufficiently predicted the above result; on the other hand, the Defendant’s reflectness; the Defendant’s age, character and conduct, family relationship, environment, details and outcome of the crime; and other circumstances indicated in the pleadings of the instant case, including the circumstances after the crime, shall be determined as ordered by comprehensively taking into account the following factors.

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