logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.05.17 2018고정404
전자금융거래법위반
Text

A fine of three million won shall be imposed on a defendant.

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 lend a means of access while receiving, demanding or promising compensation.

On April 9, 2018, the Defendant accepted the proposal that “If he/she lends an account to be used for tax reduction or exemption to an online shopping mall business entity, he/she will face in advance one million won, two million won, three million won, and three million won in advance.” On April 11, 2018, at the post office located in the Nowon-gu, Jeju-gu, Nowon-gu, the Defendant sent two physical cards connected to the bank account (B) and the post office account (C) in the name of the Defendant to the receiving office designated by the Buddhist, and the Defendant sent the password number to D.

Accordingly, the defendant agreed to receive compensation from the injured party and lent the physical card and password, which is a means of access.

Summary of Evidence

1. Statement made by the defendant in this court;

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

1. Entry of a copy of statement statement E prepared by the police; and

1. Entry of a copy of the E-document;

1. A copy of the certificate of electronic financial transfer, a copy of the statement of transactions by account, a copy of the statement of transactions by account, a statement of transactions by account, and a statement of transactions by account, respectively;

1. Application of each of the visual Acts and subordinate statutes to a copy of a photograph of a mobile phone screen;

1. Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act, comprehensively including the relevant Article of the Act on Criminal facts and the choice of punishment;

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of applicable sentences under the law】 A fine of KRW 50,000,000 from 20 to 3 million, the Defendant alleged that a fine of KRW 3 million is excessive. However, in light of the fact that the accounts of financial institutions that the Defendant lent to the needy parties were used in singing, thereby causing damage to the total amount of KRW 1,122,00,000,000,000 won, the above amount of fine is excessive.

arrow