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(영문) 제주지방법원 2020.01.23 2019고단2324
전자금융거래법위반
Text

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

However, 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

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

Nevertheless, around March 8, 2019, the defendant received a proposal that "the defendant is a logistics company importing raw materials overseas, who is leased a physical card to obtain tax exemption, and will pay KRW 3 million at the expense of 3 million per 3 days use of the physical card." Around that time, the defendant sent a copy of the physical card connected to the bank account under the name of the defendant E-bank (F.) by using D located in the name of the defendant at a location below Jeju city, and sent a password to the defendant. The defendant notified the password by telephone.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a written statement of the G production;

1. Application of Acts and subordinate statutes to the account transfer details, H dialogue details, warrant for search, seizure, verification, reply, and report on investigation (Submission of Account Name AH dialogue)

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 choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is disadvantageous to the lending of the means of access, and the nature of the crime is not somewhat weak, the means of access leased by the defendant has been actually used for the crime of licensing, and the defendant has the record of being punished for the same kind of crime.

However, it is favorable for the defendant to recognize the facts charged and reflect it.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc. of this case shall be the trial process of this case.

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