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(영문) 제주지방법원 2019.08.09 2019고단642
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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, on January 24, 2019, the Defendant promised that he would pay KRW 3 million at the lending fee if he/she lent the borrowed account to be used to reduce or exempt taxes to a person who works for a liquor company for three days from his/her name, and around 09:00 on January 24, 2019, at the Jeju Post Office located in Jeju-si B, he/she delivered one check to a person who is not his/her name, and lent the above physical card, which is a means of access, by delivering one check connected to the bank account in the name of the Defendant at the Jeju Post Office located in B, and informing the person who is not his/her name, of the password of the above physical card through the text tag.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the Defendant recognized and reflects his mistake; (b) the primary offender; and (c) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (d) all the sentencing conditions specified in the records and arguments, including the circumstances after the crime, shall be determined as ordered.

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