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(영문) 제주지방법원 2019.07.19 2018고단1950
전자금융거래법위반
Text

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

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 request or lend any means of electronic financial transactions issued by a financial institution to provide, demand or promise the consideration.

On October 2017, the Defendant: (a) promised that “A company manufacturing automobile parts seeks a physical card necessary to reduce taxes from the company making the automobile parts; (b) a 600,000 won will be deposited by returning the physical card for one or two days; and (c) around that time, the Defendant sent the physical card connected to the account of community credit cooperatives (Account Number B) in the name of the Defendant via the post office home line to the non-member of the physical card at the time of designation of the non-member; and (d) lent the means of access by promising the notification of the password via C Mes, to receive compensation.

Summary of Evidence

1. Entry of a copy of the protocol of interrogation of the accused in the police preparation;

1. Entry of a copy of the statement made in D by the police officer; and

1. To describe a copy of the written petition prepared in D;

1. Application of Acts and subordinate statutes to describe a copy of a certificate of transactions by member trading account;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of applicable sentences in law】 Fine of 50,000 won or more from 20 million won to 4 million won: The act of lending the means of access is serious social harm by facilitating various crimes, such as tax evasion, Internet gambling, and singing, and thereby causing damage of 7.9 million won to singinging through the Defendant’s lending account; there is no evidence to prove that there was no evidence to prove that the financial institution account lent by the Defendant at the time of the instant crime was used for singing; and that there was no evidence to prove that the Defendant had known that the account lent by the Defendant was used for singing.

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