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(영문) 제주지방법원 2020.11.13 2020고단475
전자금융거래법위반
Text

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

except that 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 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 August 9, 2019, the Defendant received a request from a person who was named as a police officer, and consented to the request, “The Defendant sent a e-mail card to be used for withdrawing the principal and interest of the lending company.” On August 9, 2019, the Defendant lent the above e-mail card, which is a means of access, to notify the person who was named in the name, of the secret number of the above e-mail card through the Kakao Kakao Kao Kao Kax, by delivering one e-mail card connected to the account of the community credit cooperatives (B) in the name of the Defendant at the office of the Jeju District Court in the name of the Defendant, from August 15 to 30, 2019.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police officer C on the statement; and

1. Application of Acts and subordinate statutes described in C’s petition;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the sentencing guidelines shall not apply in this case, inasmuch as the indictment was instituted before July 1, 2020] The scope of the applicable sentence under the law of china, 1 month to 3 years] imprisonment with prison labor, 2 years to 6 months: The defendant was issued a summary order of KRW 1 million due to a violation of the Electronic Financial Transactions Act from the Changwon District Court branch branch branch on December 15, 2014; the lending of means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and entertainment.

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